STATE v. BOSTIC

No. COA94-1359.

465 S.E.2d 20 (1995)

STATE of North Carolina v. Phillip BOSTIC.

Court of Appeals of North Carolina.

December 19, 1995.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Special Deputy Attorney General Grayson G. Kelley, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Assistant Appellate Defender J. Michael Smith, Durham, for defendant-appellant.


EAGLES, Judge.

I.

Defendant first argues that the trial court erred in denying defendant's motions to dismiss the charge of second degree murder because the evidence presented was insufficient as a matter of law. When a party moves to dismiss based on insufficiency of the evidence, the trial court must determine whether there is substantial evidence of each element of the crime charged. State v. Bates, 309 N.C. 528, 533-34, 308 S...

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