State v. Powell

JOHNSON, Judge.

Defendant seeks to challenge the sufficiency of the evidence to convict him, by motion to dismiss made at the close of the State’s evidence and his motion to set aside the jury’s verdict as contrary to the greater weight of the evidence. The record reveals that the defendant’s motion to dismiss was made at the close of the State’s evidence, but was not renewed at the conclusion of all the evidence. Defendant’s motion to dismiss was denied, at which time he proceeded to put on evidence. By presenting evidence at trial, defendant waived his right to assert the denial of his…