State v. Hobbs

MORRIS, Judge.

Defendant’s first assignment of error relates to the denial of his motions for nonsuit at the close of the State’s evidence and at the close of all the evidence.

“ ‘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. His later exception to the denial of his motion for nonsuit at the close of all the evidence, however, draws into question the sufficiency of all the evidence to go to the jury. (Citations omitted.)”’ State v. Mull, 24 N.C. App. 502, 504, 211 S.E. 2d 515…