State v. Shore, ___ N.C. App. ___, 814 S.E.2d 464 (Apr. 3, 2018)

The trial court did not impermissibly express an opinion on the evidence in violation of G.S. 15A-1222 by denying the defendant’s motion to dismiss in the presence of the jury. At the close of the State’s evidence and outside the presence of the jury, the defendant made a motion to dismiss the charges, which the trial court denied. Following the presentation of the defendant’s evidence, the defendant renewed his motion to dismiss, in the jury’s presence. The trial court denied the motion. The defendant did not seek to have the ruling made outside of the presence of the jury, did not object, and did not move for a mistrial on these grounds. The court found State v. Welch, 65 N.C. App. 390 (1983), controlling and rejected the defendant’s argument.