State v. McKinney

MORRIS, Judge.

Defendant’s only assignment of error relates to the denial of his motions for judgment as of nonsuit at the close of the State’s evidence and at the close of all the evidence. “By introducing testimony at the trial, defendant waived his right to *286except on appeal to the denial of his motion for nonsuit at the close of the State’s evidence. His later exception to the denial of his motion for nonsuit made at the close of all the evidence, however, draws into question the sufficiency of all the evidence to go to the jury.” State v. Davis, 24 N.C. App. 683, 211 S.E. 2d 849 (1975),…