STATE v. KIRKWOOD

No. COA12-1359.

747 S.E.2d 730 (2013)

STATE of North Carolina v. Alphonso Ellis KIRKWOOD, Larell McDaniel, Defendants.

Court of Appeals of North Carolina.

September 17, 2013.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Special Deputy Attorney General Tina L. Hlabse , for the State (Kirkwood appeal).

Attorney General Roy Cooper , by Assistant Attorney General Christina S. Hayes , for the State (McDaniel appeal).

Sarah Jessica Farber for defendant-appellant Kirkwood.

Sue Genrich Berry , Wilmington, for defendant-appellant McDaniel.


GEER, Judge.

Defendants Alphonso Ellis Kirkwood and Larell McDaniel appeal from their convictions of three counts of discharging a weapon into occupied property. On appeal, defendant Kirkwood argues that the trial court erred in denying his motion to dismiss because the State failed to present substantial evidence that he was the perpetrator or a co-conspirator of the charged offenses. We hold that the State's evidence was sufficient to allow a reasonable jury to...

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