State v. Bell

In State v. Bell, 65 N.C. App. 234, 309 S.E.2d 464 (1983), the defendant was convicted of second-degree murder. The Court held that the evidence, when taken in the light most favorable to the State, at most showed that the defendant had a non-exclusive opportunity to kill the victim, and that standing alone was insufficient to survive a motion to dismiss. Id. at 241, 309 S.E.2d at 469. In Bell, "the only substantial evidence linking defendant to the crime consisted of the victim's keys which were found in the defendant's pockets." Id.