STATE v. WHEELER

No. 281PA87.

365 S.E.2d 609 (1988)

STATE of North Carolina v. Steven Dalton WHEELER.

Supreme Court of North Carolina.

March 9, 1988.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Doris J. Holton, Asst. Atty. Gen., Raleigh, for the State.

Davis, Sturges & Tomlinson by Charles M. Davis, Louisburg, and Arthur Vann, Durham, for defendant-appellant.


WEBB, Justice.

In his first assignment of error, defendant contends the trial court erred in denying his motion to dismiss at the close of all the evidence. Defendant was convicted of first degree murder under the felony murder rule, based on the felony of discharging a firearm into an occupied vehicle. Defendant argues that there was insufficient evidence to convict him of first degree murder because there was insufficient evidence to convict him of the underlying...

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