Task: Wrong Candidate Generation
Input (English): amounted to harmless error. II Defendant next argues that the trial court erred in denying his motion to dismiss the second degree murder charges for insufficient evidence of malice. “This Court reviews the trial court’s denial of a motion to dismiss de novo.” State v. Smith, 186 N.C. App. 57, 62, 650 S.E.2d 29, 33 (2007). “ ‘Upon defendant’s motion for dismissal, the question for the Court is whether there is substantial evidence (1) of each essential element of the offense charged, or of a lesser offense included therein, and (2) of defendant’s being the perpetrator of such offense. If so, the motion is properly denied.’ ” State v. Fritsch, 351 N.C. 373, 378, 526 S.E.2d 451, 455 (2000) (quoting State v. Barnes, 334 N.C. 67, 75, 430 S.E.2d 914, 918 (199 0 S.E.2d 859, 864-65 (2000) (<HOLDING>). See also State v. Norman, 213 N.C. App. 114, 
 Holding statements: (A) holding trial court properly denied motion to dismiss for insufficient evidence of malice in second degree murder case resulting from impaired driving based in part on evidence that defendant drove his pickup truck erratically swerved off the road and struck the victims bicycle while he was traveling at a speed of approximately 35 to 40 miles per hour (B) holding that defendant who admitted that he knew when he deliberately drove off in his truck that he was disobeying an officers lawful order to park his truck at the side of the road had engaged in conduct that was both knowing and willful (C) holding that evidence was insufficient to support conviction for vehicular homicide where the defendant was driving 60 miles per hour in a 30 mile per hour zone before the collision and a minimum of 50 miles per hour at the time of impact (D) holding evidence of malice sufficient for trial court to properly deny motion to dismiss in second degree murder case stemming from crash caused by impaired driving where evidence showed defendant had a 13 bac ran over a sign and continued driving and at that point should have known that he was a danger to the safety of others continued driving and weaving side to side eventually ran off road and without braking or otherwise attempting to avoid collision hit another truck (E) holding state presented substantial evidence of malice in second degree murder case resulting from impaired driving based in part on evidence that defendant was driving without looking at the road in order to pick up a fit cigarette he had dropped when defendants truck literally flew across the intersection
Output (English): holding that evidence was insufficient to support conviction for vehicular homicide where the defendant was driving 60 miles per hour in a 30 mile per hour zone before the collision and a minimum of 50 miles per hour at the time of impact