Review of Motion to Dismiss Evidence In North Carolina
Review of a motion to dismiss requires that all of the evidence, whether competent or incompetent, must be considered in the light most favorable to the state, and the state is entitled to every reasonable inference therefrom.
Contradictions and discrepancies are for the jury to resolve and do not warrant dismissal. In considering a motion to dismiss, it is the duty of the court to ascertain whether there is substantial evidence of each essential element of the offense charged. State v. Smith, 300 N.C. 71, 78-79, 265 S.E.2d 164, 169 (1980).
In order to withstand a motion to dismiss, the evidence, whether direct, circumstantial, or both must be sufficient to draw a "reasonable inference of defendant's guilt." State v. Barnes, 334 N.C. 67, 75-76, 430 S.E.2d 914, 919 (1993).
Once the court makes that determination it is up to the jury to decide whether "'the facts taken singly or in combination, satisfy [it] beyond a reasonable doubt that the defendant is actually guilty.'" Id.