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STATE v. SCOTT

No. 8728SC1007.

367 S.E.2d 1 (1988)

89 N.C. App. 680

STATE of North Carolina v. Charles Lee SCOTT.

Court of Appeals of North Carolina.

April 19, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. D. David Steinbock, Raleigh, for the State.

Asst. Appellate Defender David W. Dorey, Raleigh, for defendant, appellant.

HEDRICK, Chief Judge.

Defendant assigns error to the denial of his timely "motions to dismiss" made at the conclusion of the State's evidence and at the conclusion of defendant's evidence. The record discloses that at the close of the State's evidence when defendant made a motion to dismiss, the following colloquy took place between the judge and the assistant district attorney:

COURT: What does the State say to the essential element the defendant used force...

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