State v. . Kiziah

There was no request made by defendants for nonsuit in accordance with N. C. Code, 1935 (Michie), sec. 4643 (same as 567 in civil actions). The evidence was sufficient to be submitted to the jury on all aspects of the crime. The defendants waived their right to maintain the insufficiency of the evidence to take the case to the jury by not making a motion as of nonsuit thereon' at the close of the evidence. Gibbs v. Telegraph Co., 196 N. C., 516; Murphy v. Power Co., 196 N. C., 484 (494). Where the defendant does not move for nonsuit as provided by sec. 567 (4643 in criminal actions) in the…