State v. Howell

PerR Curiam.

The defendant assigns as error the failure of the court below to sustain his motion for judgment as of nonsuit made at the close of the State’s evidence and not renewed at the close of all the evidence.

The defendant testified in his own behalf and introduced other evidence.

The failure of the defendant to renew his motion at the close of all the evidence constituted a waiver of his right to insist upon his first motion and it is not subject to review in this Court. G.S. 15-173; S. v. Hayes, 187 N.C. 490, 122 S.E. 13; S. v. Chapman, 221 N.C. 157, 19 S.E. 2d 250; S. v. Epps, 223 N.C.…