State v. Stevens

The defendants assign as error the failure of the court below to dismiss as of nonsuit at the close of all the State’s evidence.

Ordinarily, when evidence is introduced by the State after a plea of guilty or of nolo contendere, it is introduced for the purpose of determining what punishment should be imposed and not for the purpose of determining the guilt or innocence of the pleader. S. v. Shepherd, 230 N.C. 605, 55 S.E. 2d 79; S. v. Crump, 209 N.C. 52, 182 S. E. 716.

Moreover, the law does not sanction a conditional plea of nolo con-tendere. S. v. Horne, 234 N.C. 115, 66 S.E. 2d 665; S. v.…