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STATE v. BOYD

No. 8226SC799.

300 S.E.2d 578 (1983)

STATE of North Carolina v. R.B. BOYD.

Court of Appeals of North Carolina.

March 15, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Wilson Hayman, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Nora B. Henry, Raleigh, for defendant.

ARNOLD, Judge.

The defendant's first assignment of error is the denial of his motion to dismiss at the close of the State's evidence. He did not make a similar motion at the close of all the evidence.

In State v. Mendez, 42 N.C. App. 141, 256 S.E.2d 405 (1979), the court held that presentation of evidence by a defendant following denial of this motion and failure to renew the...

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