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eBook details

• Title: North Carolina v. Riddick
• Author : Supreme Court of North Carolina
• Release Date : January 21, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

By his assignments of error, defendant contends that the evidence is insufficient as a matter of law to support defendants convictions of attempted rape and first degree burglary. In order to support a conviction, each element of the charged offense must be supported by "more than a scintilla" of evidence, State v. Summit, 301 N.C. 591, 273 S.E.2d 425, cert. denied, 451 U.S. 970, 101 S. Ct. 2048, 68 L. Ed. 2d 349 (1981), which means "substantial evidence." See State v. Smith, 40 N.C. App. 72, 252 S.E.2d 535 (1979). The evidence must be sufficient to convince a rational finder of fact of the existence of each essential element. State v. Revelle, 301 N.C. 153, 270 S.E.2d 476 (1980). It does not matter that the evidence presented is circumstantial. State v. Jones, 303 N.C. 500, 279 S.E.2d 835 (1981). On review, the State is entitled to all reasonable inferences which may be drawn from the evidence. See State v. McKinney, 288 N.C. 113, 215 S.E.2d 578 (1975).

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