State v. Perry

CAMPBELL, Judge.

The defendant contends that the trial court erred in not allowing the defendant’s motion for nonsuit after the State had rested and in then allowing the State to reopen its case and introduce evidence of statements made by the defendant at the district court trial.

After the State rested and the motion for nonsuit was denied, the defendant took the stand in his own behalf. “If the defendant introduces evidence, he thereby waives any motion for dismissal . . . which he may have made prior to the introduction of his evidence and cannot urge such prior motion as ground for…