As long as there is substantial evidence as to both issues, the motion to dismiss should be denied if the evidence only raises a suspicion or conjecture as to either or both elements, the motion should be granted. “Substantial evidence” has been defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” State v. Upon a defense motion to dismiss for insufficient evidence, the question to be decided by the judge is whether there is “substantial evidence” of: (i) each essential element of the offense (or lesser-included offense) and (ii) the identity of the defendant as the perpetrator of that offense. Regardless of whether it is styled as a motion to dismiss, motion for nonsuit, or motion for directed verdict, the legal effect is substantially the same. 15A-1414 (motion to dismiss after verdict or set aside verdict). There is little or no practical difference between the two. 15-173 (“Demurrer to the evidence,” allowing defendant to “move to dismiss the action, or for judgment as in case of nonsuit” after the state has rested its evidence). 15A-1227 is fundamentally the same as the motion described in G.S. The judge “must rule on a motion to dismiss for insufficiency of the evidence before the trial may proceed.” G.S. Failure to make a motion to dismiss at the close of the state’s evidence or at the close of all the evidence does not bar the defense from making a motion at either of the other two later times. This motion can be made: (i) at the close of the state’s evidence (ii) at the close of all the evidence (iii) after a guilty verdict has been returned and before the court enters judgment or (iv) after discharging the jury without a verdict and before the end of the court session. 15A-1227, the defendant may make a motion to dismiss the case on the grounds that there is insufficient evidence to sustain a conviction.
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