State v. Stanley

PARKER, Judge.

In his first two assignments of error defendant contends the trial court erred in denying his motions to dismiss at the close of the State’s evidence and at the close of all the evidence. When defendant elected to offer evidence after the denial of his motion to dismiss, he waived his motion to dismiss at the close of the State’s evidence. State v. Calloway, 305 N.C. 747, 291 S.E. 2d 622 (1982); G.S. 15-173. We will, therefore, only consider his motion to dismiss at the close of all the evidence. Upon defendant’s motion to dismiss, all the evidence favorable to the State must be…