STATE v. BROOKS

No. COA98-1576.

523 S.E.2d 704 (1999)

STATE of North Carolina v. Roger Dale BROOKS.

Court of Appeals of North Carolina.

December 21, 1999.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Special Deputy Attorney General G. Patrick Murphy, for the State.

Brenda S. McLain, Shelby, for defendant-appellant.


HUNTER, Judge.

Roger Dale Brooks ("defendant") appeals his conviction for the second degree murder of Lee Thornburg ("Thornburg") who died of massive head trauma on 1 October 1995. Defendant assigns error to the trial court in its: (1) failure to dismiss the charge of first degree murder at the close of all the evidence due to insufficient evidence presented to show that Thornburg's assault was committed by defendant; (2) denial of defendant's pretrial motion to dismiss...

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