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STATE v. HARDEN

No. 796SC366.

257 S.E.2d 635 (1979)

42 N.C. App. 677

STATE of North Carolina v. Basil Edward HARDEN, Jr..

Court of Appeals of North Carolina.

September 4, 1979.

Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Associate Atty. Gen., Patricia B. Hodulik, Raleigh, for the State.

Carter W. Jones and Donnie R. Taylor, Ahoskie, for defendant-appellant.

VAUGHN, Judge.

Defendant attempts to assign error in the denial of his motion to dismiss at the close of the State's evidence. Following the denial of the motion, he put on evidence in his own behalf. No motion was made at the conclusion of all the evidence. He, therefore, waived his prior motion and cannot now bring it forward as appealable error. G.S. 15-173; State v. Fikes, 270 N.C. 780, 155 S.E.2d 277

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