Court of Appeals of North Carolina September 7, 1982, No. 8110SC1255 (State v. Jackson)

WEBB, Judge.

The defendant assigns error to the denial of his motion to dismiss at the close of all the evidence. We believe this assignment of error is well taken. The evidence against the defendant is that he was in the presence of Mr. Williams, who was identified as one of two men who stole Mr. Thorne’s boat, before and after the boat was taken. The defendant testified he was with Mr.