State v. McKinney

HUSKINS, Justice.

The record discloses that defendant’s motion for nonsuit at the close of the State’s evidence was denied. Defendant thereupon offered evidence in his own behalf, and the State examined a witness in rebuttal. Both the State and the defendant then rested, but. defendant’s motion for dismissal or judgment as of nonsuit was not renewed. Nevertheless, failure to nonsuit is assigned as error and argued in the briefs filed in the Court of Appeals and in this Court.

G.S. 15-173 provides that the failure of the defendant to renew his motion for nonsuit at the close of all the evidence…