State v. Logan

212 S.E.2d 236 (1975)

25 N.C. App. 49

STATE of North Carolina

v.

Alfred LOGAN.

No. 7420SC1021.

Court of Appeals of North Carolina.

March 5, 1975.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Robert G. Webb, Raleigh, for the State.

Joe P. McCollum, Jr., Monroe, for defendant-appellant.

MORRIS, Judge.

Defendant's first assignment of error relates to the denial of his motion for judgment as of nonsuit at the close of the State's evidence. Under the rationale of State v. Aycoth, 272 N.C. 48, 157 S.E.2d 655 (1967), defendant contends it was error to deny his motion. We disagree.

"By introducing testimony…