STATE v. BANKS

No. COA09-1150.

706 S.E.2d 807 (2011)

STATE of North Carolina v. Brian Keith BANKS.

Court of Appeals of North Carolina.

March 1, 2011.


Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Special Deputy Attorney General Jonathan Babb , for the State.

Parish, Cooke & Condlin, by James R. Parish , Fayetteville, for the defendant-appellant.


STEELMAN, Judge.

Where the State produced substantial circumstantial evidence supporting each essential element of the offense and that defendant committed the offense, the trial court did not err in denying defendant's motion to dismiss based upon the sufficiency of the evidence. Constitutional issues, which are not raised at trial, will not be considered for the first time on appeal. A party may impeach its own witness where the witness admitted making a prior handwritten...

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