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STATE v. ALLEN

No. 58.

183 S.E.2d 680 (1971)

279 N.C. 406

STATE of North Carolina v. Frank ALLEN.

Supreme Court of North Carolina.

October 13, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Claude W. Harris, for the State.

Mitchel E. Gadsden, Fayetteville, for defendant.

BRANCH, Justice.

Defendant assigns as error only the failure of the court to allow his motions for nonsuit at the close of the State's evidence and at the close of all the evidence. Defendant's motions for nonsuit must be considered in light of all the evidence since he introduced evidence and thereby waived the motions made at the close of the State's evidence. G.S. § 15-173; State v. Prince, 270 N.C. 769, 154...

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