State v. Sallie

PARKER, Judge.

Appellant assigns error to the denial of his motions for nonsuit. By introducing evidence, defendant waived his first motion, which was made at the close of the State’s evidence. G.S. 15-173; State v. McWilliams, 277 N.C. 680, 178 S.E. 2d 476. On this appeal, therefore, we consider only defendant’s second motion, made at the close of all the evidence. This brings in question the sufficiency of all the evidence to take the case to the jury. In determining this question, we apply the well-established rules that on motion for nonsuit in a criminal case the evidence must be…