STATE v. LIGHTNER

No. 9126SC936.

423 S.E.2d 827 (1992)

108 N.C. App. 349

STATE of North Carolina v. David Fritzgerald LIGHTNER.

Court of Appeals of North Carolina.

December 15, 1992.


Attorney(s) appearing for the Case

Attorney Gen. Lacy H. Thornburg by Associate Atty. Gen. Kelly Haskins-Moore, Raleigh, for the State.

Public Defender Isabel Scott Day by Asst. Public Defender Cynthia A. Brooks, Charlotte, for defendant appellant.


WALKER, Judge.

Defendant's only argument on appeal is that his motion to dismiss should have been granted since Officers Henry and Ferguson were off-duty at the time of the incident and therefore he did not commit an assault on a law enforcement officer. In determining if the evidence is sufficient to withstand defendant's motion to dismiss, the court must consider the evidence in the light most favorable to the state, allowing every reasonable inference to be drawn...

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