State v. Caudle

VAUGHN, Judge.

Defendant first assigns error to the denial of his motions to dismiss at the close of State’s and all the evidence. Defendant presented evidence at trial following denial of his initial motion to dismiss and thereby waived the right to challenge that denial. G.S. 15-173; State v. Hough, 299 N.C. 245, 262 S.E. 2d 268 (1980). Defendant’s motion to dismiss made at the close of all the evidence is before this Court for review, and we conclude that denial of that motion was proper.

Defendant contends that the motion should have been allowed because State introduced uncontradicted…