Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Gray, ___ N.C. App. ___, 820 S.E.2d 364 (Sept. 18, 2018)
In this first-degree felony-murder and discharging a weapon into an occupied dwelling case, the trial court did not err by denying the defendant’s motion to dismiss the charges on grounds that there was insufficient evidence establishing that the defendant was the perpetrator. Among other things, the State’s evidence established a motive (hostility between the defendant and the victim) and opportunity to commit the crime (through physical evidence at the crime scene and witness testimony).