State v. O'BRIANT

PARKER, Judge.

Appellant’s sole contention is that the court erred in entering judgment against him because as a matter of law the evidence was insufficient to sustain the verdict. We do not agree.

At the outset we note that the appellant is entitled to present for appellate review the question of whether the evidence was sufficient as a matter of law to sustain the verdict even though at trial he failed to renew at the close of all of the evidence the motion for nonsuit which he made at the close of the State’s evidence. G.S. 15A-1446(d)(5), which replaced former G.S. 15-173.1, expressly so…