STATE v. VON CUNNINGHAM

No. 8926SC630.

389 S.E.2d 286 (1990)

97 N.C. App. 631

STATE of North Carolina v. William VON CUNNINGHAM.

Court of Appeals of North Carolina.

March 20, 1990.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Jo Anne Sanford, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Teresa A. McHugh, Raleigh, for defendant-appellant.


WELLS, Judge.

Defendant first assigns as error the trial court's denial of his motion to dismiss the charge of attempted robbery with a firearm. Defendant contends that there was no evidence that he displayed, used, or threatened to use the gun during the course of the attempted robbery, but that the evidence showed that his gun was used only to facilitate his escape.

When presented with a motion to dismiss in a criminal case, the trial court must determine...

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