State v. Davis

WEBB, Judge.

The defendant contends it was error not to dismiss the charge of possession of stolen property at the close of the State’s *525evidence and at the close of all the evidence. When the defendant put on evidence he waived his motion to dismiss at the end of the State’s evidence. G.S. 15-173. In considering a motion to dismiss made at the close of all the evidence the defendant’s evidence as well as the State’s evidence may be considered. State v. Harper, 51 N.C. App. 493, 277 S.E. 2d 72 (1981).

The defendant contends there was not sufficient evidence to submit to the jury as to two…