STATE v. LANE

No. 938SC459.

444 S.E.2d 233 (1994)

115 N.C. App. 25

STATE of North Carolina, v. John Carl LANE, Jr.

Court of Appeals of North Carolina.

June 7, 1994.


Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Sp. Deputy Atty. Gen., Daniel F. McLawhorn, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Janine M. Crawley, Durham, for defendant appellant.


ARNOLD, Chief Judge.

I

Defendant's first assignment of error raises the question of whether the State's evidence was sufficient to show that defendant's act of hitting Gregory Linton was both the actual and legal cause of his death.

In considering a motion to dismiss, the trial court must determine whether substantial evidence of each element of the offense exists. State v. Nichols, 321 N.C. 616, 365 S.E.2d 561...

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