STATE v. CONNELL

No. COA96-1491.

493 S.E.2d 292 (1997)

STATE of North Carolina v. Dennis Joe CONNELL.

Court of Appeals of North Carolina.

November 18, 1997.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Associate Attorney General Sondra C. Panico, for the State.

Marjorie S. Canaday, Blowing Rock, and C. Frank Goldsmith, Jr., Marion, for defendant-appellant.


EAGLES, Judge.

We first consider whether the trial judge erred in denying the defendant's motion to dismiss and his motion to set aside the verdict. "Upon a motion to dismiss, `all of the evidence favorable to the State, whether competent or incompetent, must be considered, such evidence must be deemed true and considered in the light most favorable to the State, discrepancies and contradictions therein are disregarded and the State is entitled to every inference...

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