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STATE v. DAVY

No. 894SC1349.

397 S.E.2d 634 (1990)

100 N.C. App. 551

STATE of North Carolina v. Charles Junior DAVY.

Court of Appeals of North Carolina.

November 6, 1990.

Attorney(s) appearing for the Case

Attorney General Lacy H. Thornburg by Asst. Atty. Gen. Marilyn R. Mudge, Raleigh, for State.

Gaylor, Edwards, Vatcher & Bell by Walter W. Vatcher, Jacksonville, for defendant-appellant.

LEWIS, Judge.

Defendant argues that the trial court's refusal to grant his motion to dismiss at the end of the presentation of all the evidence constituted reversible error. In order to overcome a motion to dismiss, the State must introduce more than a scintilla of evidence of each essential element of the offense and that the defendant was the perpetrator of the offense. State v. Powell, 299 N.C....

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