State v. Logan

MORRIS, Judge.

Defendant’s first assignment of error relates to the denial of his motion for judgment as of nonsuit at the close of the State’s evidence. Under the rationale of State v. Aycoth, 272 N.C. 48, 157 S.E. 2d 655 (1967), defendant contends it was error to deny his motion. We disagree.

*51“By introducing testimony at the trial, defendant waived his right to except on appeal to the denial of his motion for nonsuit at the close of the State’s evidence.” State v. Davis, 24 N.C. App. 683, 211 S.E. 2d 849 (1975), citing State v. Mull, 24 N.C. App. 502, 211 S.E. 2d 515 (1975), and State v.…