State v. Prince

Defendant brings forward only two assignments of error: that the court erred (1) in admitting the transcript of the testimony which Sanderson gave at the former trial, and (2) in overruling his motion of nonsuit at the close of the State’s evidence. He specifically abandoned his assignment of error based on his exception to the denial of his motion for nonsuit made at the close of all the evidence.

By introducing evidence after the denial of his motion for judgment of nonsuit made when the State had rested its case, defendant waived the motion for dismissal which he made prior to the…