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STATE v. JENKINS

No. 846SC948.

328 S.E.2d 460 (1985)

STATE of North Carolina v. Jimmie Richard JENKINS.

Court of Appeals of North Carolina.

April 16, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Fred R. Gamin and Associate Atty. Victor H.E. Morgan, Jr., Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defenders Robin E. Hudson and Geoffrey C. Mangum, Raleigh, for defendant-appellant.

JOHNSON, Judge.

Defendant first contends that the court erred in denying his motion to dismiss at the close of the evidence.

Upon a motion to dismiss, all of the evidence favorable to the State, whether competent or incompetent, must be considered and taken as true, giving the State every inference of fact which may be deduced from the evidence. State v. Witherspoon, 293 N.C. 321, 237 S.E.2d 822

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