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STATE v. SLUKA

No. 916SC1018.

419 S.E.2d 200 (1992)

107 N.C. App. 200

STATE of North Carolina v. Sam Dawson SLUKA, Sr., and William Randolph Lewis, Defendants.

Court of Appeals of North Carolina.

August 4, 1992.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg, by Asst. Atty. Gen., V. Lori Fuller, Raleigh, for the State.

Donnie R. Taylor, Ahoskie, for defendant-appellant Sluka.

A. Jackson Warmack, Jr., Rich Square, for defendant-appellant Lewis.

LEWIS, Judge.

Defendants first assign as error the denial of their motions to dismiss made at the close of the evidence. The question for the trial court upon a motion to dismiss is whether there is substantial evidence of each essential element of the offense charged and of the defendant's being the perpetrator of the offense. State v. Malloy, 309 N.C. 176, 305 S.E.2d 718 (1983); State v. Earnhardt, 307 N.C. 62, ...

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