Queen v. Jarrett

The appeal of each defendant requires separate consideration.

MITCHELL’S APPEAL

Mitchell’s only assignment of error is directed to the court’s denial of his motions for judgment of nonsuit.

When plaintiff offered her evidence and rested, Mitchell moved for judgment of nonsuit; and, when the court refused his said motion, Mitchell excepted to the court’s ruling and announced that he did not choose to introduce evidence. G.S. 1-183. He contends he did not offer evidence or otherwise waive his exception to said ruling.

Unquestionably, testimony subsequently offered by Jarrett and by plaintiff…