State v. Atwood

COPELAND, Justice.

Defendant’s appeal presents the following question:

1. Did the trial court commit prejudicial error in denying defendant’s motion for nonsuit?

The only motion for dismissal made by defendant was at the close of the State’s evidence. By introducing evidence, she waived this motion. G.S. 15-173. In a criminal case, however, on appeal the court reviews the sufficiency of all the evidence to sustain the verdict, notwithstanding defendant failed to move for nonsuit at the conclusion of all the evidence. G.S. 15-173.1. State v. Rigsbee, 285 N.C. 708, 208 S.E. 2d 656 (1974).

*270Defendant…