STATE v. MITCHELL

No. 9117SC1017.

426 S.E.2d 443 (1993)

109 N.C. App. 222

STATE of North Carolina, Appellee, v. Jimmy Stevenson MITCHELL, Appellant.

Court of Appeals of North Carolina.

March 2, 1993.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Teresa L. White, Raleigh, for the State.

David F. Tamer, Winston-Salem, for appellant.


MARTIN, Judge.

Defendant's sole contention on appeal is that the trial court erred in denying defendant's motion to dismiss the charges against him. We disagree.

In ruling on a motion to dismiss, the trial court must determine whether there is substantial evidence of each element of the offense charged and that defendant was the perpetrator of the offense. State v. Odom, 99 N.C. App. 265, 393 S...

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