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North Carolina v. Fletcher

Filed: January 6, 1981.

STATE OF NORTH CAROLINA
v.
MARK DUANE FLETCHER



Defendant appeals from judgment of Stevens, J., entered at the 21 May 1980 Criminal Session of Superior Court, Onslow County.

Copeland, Justice.

Copeland

By his sole assignment of error, defendant contends that the trial court erred in refusing to grant defendant's motion to dismiss on the grounds that the evidence was insufficient to sustain the conviction and in failing to set aside the verdict as being against the greater weight of the evidence. We have carefully reviewed defendant's assignment of error and find it without merit.

In ruling upon defendant's motion to dismiss, the trial court is required to interpret the evidence in the light most favorable to the State, and all reasonable inferences favorable to the State must be drawn therefrom. State v. King, 299 N.C. 707, 264 S.E.2d 40 (1980); State v. Powell, 299 N.C. 95, 261 S.E.2d 114 (1980). As stated by Justice Ervin in State v. Bowman, 232 N.C. 374, 376, 61 S.E.2d 107, 109 (1950).

"[i]n ruling on such motion, the Court does not pass upon the credibility of the witnesses for the prosecution, or take into account any evidence contradicting them offered by the defense. The court merely considers the testimony favorable to the State, assumes it to be true, and determines its legal sufficiency to sustain the allegations of the indictment. ...


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