STATE v. ALSTON

No. 797SC498.

259 S.E.2d 767 (1979)

44 N.C. App. 72

STATE of North Carolina v. James Milton ALSTON.

Court of Appeals of North Carolina.

November 20, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Lucien Capone III, Raleigh, for the State.

J. Henry Banks, Henderson, for defendant-appellant.


VAUGHN, Judge.

Defendant assigns error in the denial of his motion for nonsuit at the close of the State's evidence. Defendant presented evidence following the denial of his motion and did not renew the motion. "If the defendant introduces evidence, he thereby waives any motion for dismissal or judgment as in case of nonsuit which he may have made prior to the introduction of his evidence and cannot urge such prior motion as ground for appeal." G.S. 15-173; State...

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