State v. Perry

Tbe defendants assign as error the refusal of Ms Honor to grant their motion for judgment as of nonsuit at the conclusion of the State’s evidence and for failure to grant a similar motion lodged by the defendants at the close of all the evidence.

These assignments of error cannot be sustained. The defendants did not except to the refusal of the court to grant their motion for judgment as of nonsuit at the close of the State’s evidence. Moreover, they testified in their own behalf and did not renew their motion to dismiss at the' close of all the evidence.

A motion for judgment as of nonsuit,…