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STATE v. HITT

No. 7415SC1042.

212 S.E.2d 540 (1975)

25 N.C. App. 216

STATE of North Carolina v. Joe HITT.

Court of Appeals of North Carolina.

March 19, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Robert Kaylor, Raleigh, for the State.

Graham & Cheshire by Lucius M. Cheshire, Hillsborough, for defendant-appellant.

MORRIS, Judge.

Defendant's first three assignments of error relate to the denial of his motions for judgment as of nonsuit at the close of the State's evidence, at the close of the defendant's evidence, and at the close of all the evidence.

"`By introducing testimony at the trial, defendant waived his right to except on appeal to the denial of his motion for nonsuit at the close of the State's evidence. His later exception to the denial of his motion for...

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