State v. Berkley

WHICHARD, Judge.

By his first and second assignments of error, defendant argues the court erred in refusing to dismiss all charges at the close of the State’s evidence and the close of all the evidence. Only the ruling made at the close of all evidence is subject to review. State v. Hough, 299 N.C. 245, 262 S.E. 2d 268 (1980).

As to armed robbery and first-degree sexual offense, defendant was acquitted of these crimes. He was convicted of the lesser crimes of common law robbery and second-degree sexual offense; and these convictions render harmless any error with respect to the greater crimes,…