State v. Riddle, 69

Decision Date15 July 1980
Docket NumberNo. 69,69
Citation268 S.E.2d 80,300 N.C. 744
PartiesSTATE of North Carolina v. Cecil Wayne RIDDLE and Charles Edward Riddle.
CourtNorth Carolina Supreme Court

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. J. Michael Carpenter, Raleigh, for the State.

Asst. Public Defender Robert L. Harrell, Asheville, for defendants-appellants.

PER CURIAM.

The sole assignment of error presented by both defendants on this appeal is whether or not there was sufficient evidence in the record to support the jury's verdicts of guilty and the judgments and commitments entered thereon. In determining whether there is evidence sufficient for the judge to submit a case to the jury, "all admitted evidence favorable to the State, whether competent or incompetent, must be considered and must be deemed true. (Citations omitted.) The question for the court is whether there is substantial evidence to support a finding both that an offense charged in the bill of indictment has been committed and that the defendant committed it (citations omitted)." State v. Roseman, 279 N.C. 573, 580, 184 S.E.2d 289, 294 (1971).

After a thorough review of the record we are of the opinion there was sufficient, competent evidence of every essential element of the offenses charged, and sufficient, competent evidence for the jury to find that the defendants were the perpetrators of these offenses. We conclude therefore that the verdicts are supported by the evidence and the judgments and commitments are supported by the verdicts.

In the defendants' trial we find

No error.

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20 cases
  • State v. Fletcher
    • United States
    • North Carolina Supreme Court
    • December 8, 2017
    ..., 314 N.C. 498, 503, 334 S.E.2d 765, 769 (1985) ; State v. Jean , 310 N.C. 157, 159, 311 S.E.2d 266, 267 (1984) ; State v. Riddle , 300 N.C. 744, 745, 268 S.E.2d 80, 81 (1980) ; State v. Self , 280 N.C. 665, 667, 187 S.E.2d 93, 94 (1972).9 The dictionaries that have been consulted in the dr......
  • State v. Perry
    • United States
    • North Carolina Supreme Court
    • March 5, 1986
    ...that the crime charged in the bill of indictment was committed and that defendant was a perpetrator of that crime. State v. Riddle, 300 N.C. 744, 268 S.E.2d 80 (1980); State v. Scott, 289 N.C. 712, 224 S.E.2d 185 (1976). It is well settled in this jurisdiction that in a prosecution for poss......
  • State v. Irwin, 26
    • United States
    • North Carolina Supreme Court
    • October 6, 1981
    ...whether there is substantial evidence of each element of the crime charged and that defendant did in fact commit it. State v. Riddle, 300 N.C. 744, 268 S.E.2d 80 (1980); State v. Powell, 299 N.C. 95, 261 S.E.2d 114 (1980). The substantial evidence test requires that the evidence must be exi......
  • State v. Sakobie
    • United States
    • North Carolina Court of Appeals
    • April 15, 2003
    ...and that the defendant committed it." State v. Damon, 78 N.C.App. 421, 422, 337 S.E.2d 170, 170 (1985) (citing State v. Riddle, 300 N.C. 744, 746, 268 S.E.2d 80, 81 (1980)). Defendant in the present case was charged with first degree kidnapping, based on the unlawful confinement, restraint,......
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