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STATE v. STANLEY

No. 8422SC430.

327 S.E.2d 902 (1985)

STATE of North Carolina v. James STANLEY.

Court of Appeals of North Carolina.

April 16, 1985.

Attorney(s) appearing for the Case

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

Stoner, Bowers and Gray, P.A. by Carl W. Gray, Lexington, for defendant-appellant.

PARKER, Judge.

In his first two assignments of error defendant contends the trial court erred in denying his motions to dismiss at the close of the State's evidence and at the close of all the evidence. When defendant elected to offer evidence after the denial of his motion to dismiss, he waived his motion to dismiss at the close of the State's evidence. State v. Calloway, 305 N.C. 747, 291 S.E.2d 622 (1982); G.S. 15-173...

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