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STATE v. TEW

No. 822SC782.

302 S.E.2d 633 (1983)

STATE of North Carolina v. Melvin Grant TEW and Bonnie Tew.

Court of Appeals of North Carolina.

May 17, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. W. Dale Talbert, Raleigh, for the State.

Trimpi, Thompson & Nash by C. Everett Thompson, Elizabeth City, for defendants-appellants.

PHILLIPS, Judge.

Though the evidence of record certainly points the finger of suspicion at the defendants, it is not sufficient, in our opinion, to justify their conviction of the offense charged, and the case against them must be dismissed. This is because the record, even when favorably viewed for the State, as our law requires on motions to dismiss [State v. Cummings, 301 N.C. 374, 271 S.E.2d 277 (1980)], does not contain...

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