Defendant also attempted to collect some money owed to him by Branch's uncle, but was unsuccessful. Defendant fled the scene in Burrow's car. The jury found defendant guilty of first-degree murder and, in a separate capital sentencing proceeding, recommended a life sentence. The trial court entered sentence accordingly. Defendant's only assignment of error is that the trial court erred in denying his motion to dismiss the charge of first- degree murder at the close of all of the evidence.
Defendant contends that there was insufficient evidence to show premeditation and deliberation.
When ruling on a motion to dismiss, the trial court must view the evidence in the light most favorable to the State and must give the State every reasonable inference to be drawn from the evidence. First-degree murder is the unlawful killing of another human being with malice, premeditation and deliberation. There is sufficient evidence of premeditation and deliberation in the present case to support defendant's first-degree murder conviction. The evidence tended to show that prior to the killing, defendant had been released from jail and desired to see his former girlfriend, Lisa Clark. Defendant, however, lacked the transportation and the money to do so.