State v. Black

MALLARD, Chief Judge.

Defendant’s first contention is that the State’s evidence was not sufficient to withstand his motion to dismiss made at the close of the State’s evidence. Upon the denial of his motion to dismiss, the defendant put on evidence, but the record does not reveal that defendant renewed his motion to dismiss or moved for judgment as of nonsuit at the close of all the evidence. However, G.S. 15-173.1 provides that “(t)he sufficiency of the evidence of the State in a criminal case is reviewable upon appeal without regard to whether a motion has been made pursuant to G.S. 15-173…