Court of Appeals of North Carolina April 16, 1985, 844SC451 (State v. Davis)

MARTIN, Judge.

The determinative issue on this appeal is whether the trial court erred in overruling defendant’s motion for dismissal pursuant to G.S. 15A-1227(a). We conclude that because the State failed to meet its burden to present substantial evidence that defendant committed the murder of Lillian Groves, the motion should have been allowed.