dissenting.
I dissent. I do not believe that in passing on the defendant’s motion to dismiss the majority has considered the evidence in the light most favorable to the State. The State’s evidence showed that an officer of the City of Monroe Police Department saw the defendant, Oxner and Yarborough in a store. The defendant was with Oxner a part of the time they were in the store. A short time after the three men left the store two VCRs were missing from a display case. Within an hour the VCRs were discovered in the trunk of the defendant’s automobile. Oxner and Yarborough were with the defendant when his automobile was stopped. I believe this is sufficient evidence for the jury to find the defendant guilty of possession of stolen property.
*286The majority has used the defendant’s evidence in passing on the motion to dismiss. By doing so they have failed to consider the evidence in the light most favorable to the State.
I vote to find no error.