State v. Boyd

ARNOLD, Judge.

The defendant’s first assignment of error is the denial of his motion to dismiss at the close of the State’s evidence. He did not make a similar motion at the close of all the evidence.

In State v. Mendez, 42 N.C. App. 141, 256 S.E. 2d 405 (1979), the court held that presentation of evidence by a defendant following denial of this motion and failure to renew the motion at the close of all the evidence is a waiver of the right to assert the denial as error on appeal. But we will consider the sufficiency of all the evidence here, pursuant to G.S. 15A-1227(d) and G.S.…