PARKER, Judge.
Appellant assigns no error with respect to his trial and conviction on the charge of simple assault. He does assign as error the denial of his motion for nonsuit in the robbery case. In this regard, appellant Berryman, not having offered evidence, is entitled to have his motion for nonsuit passed upon on the basis of the facts in evidence when the State rested its case. G.S. § 15-173; State v. Frazier and State v. Givens,
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