STATE v. STOKES

No. 94PA13-2.

756 S.E.2d 32 (2014)

STATE of North Carolina v. George Victor STOKES.

Supreme Court of North Carolina.

April 11, 2014.


Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Kathleen N. Bolton , Assistant Attorney General, for the State-appellant.

Leslie C. Rawls , Charlotte, for defendant-appellee.


NEWBY, Justice.

Today we examine the scope of an appellate court's review after it concludes that a defendant's conviction was not supported by sufficient evidence. When confronted with such a situation, our long-standing practice has been to determine whether the evidence presented was sufficient to support a lesser included offense of the convicted crime. If so, we recognize the jury's verdict as a verdict of guilty to the lesser included offense. The Court of Appeals...

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