STATE v. LINER

No. 8915SC888.

391 S.E.2d 820 (1990)

STATE of North Carolina v. Barry Dean LINER, Defendant.

Court of Appeals of North Carolina.

June 5, 1990.


Attorney(s) appearing for the Case

Attorney General Lacy H. Thornburg by Asst. Atty. Gen. Steven F. Bryant, Graham, for the State.

Daniel H. Monroe, Asst. Atty. Gen., Raleigh, for defendant, appellant.


HEDRICK, Chief Judge.

In his first assignment of error, defendant contends "[t]he trial court erred prejudicially in denying defendant's motions to dismiss...." In support of his contention, defendant argues "[t]he State produced not a scintilla of evidence of malice by Defendant towards Tommy Jordan, nor did it show the `generalized', as opposed to `specific' intent to kill required for a conviction of second degree murder to stand." We disagree.

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