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STATE v. HINSON

No. 9025SC31.

401 S.E.2d 371 (1991)

102 N.C. App. 29

STATE of North Carolina v. Jimmie Elijah HINSON.

Court of Appeals of North Carolina.

March 5, 1991.

Attorney(s) appearing for the Case

Attorney General Lacy H. Thornburg by Asst. Atty. Gen. William F. Briley, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Mark D. Montgomery, Raleigh, for defendant-appellant.

EAGLES, Judge.

Defendant initially assigns as error the trial court's failure to dismiss the charges against him. Defendant argues that the evidence was insufficient to convict him of first degree sexual offense on the grounds that he performed fellatio on the victim. We disagree.

On a motion to dismiss, the trial court must determine from all the evidence, taken in the light most favorable to the State, whether there is substantial evidence that the crime...

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