STATE v. PERRY

No. 7415SC683.

208 S.E.2d 427 (1974)

23 N.C. App. 190

STATE of North Carolina v. Raymond Otis PERRY.

Court of Appeals of North Carolina.

Appeal Dismissed December 3, 1974.


Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr., by Asst. Atty. Gen. Parks H. Icenhour, Raleigh, for the State.

David I. Smith, Burlington, for the defendant appellant.


Appeal Dismissed by Supreme Court December 3, 1974.

CAMPBELL, Judge.

The defendant contends that the trial court erred in not allowing the defendant's motion for nonsuit after the State had rested and in then allowing the State to reopen its case and introduce evidence of statements made by the defendant at the district court trial.

After the State rested and the motion for nonsuit was denied, the defendant took the stand in his own behalf. "If the...

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