State v. Allen

BRANCH, Justice.

Defendant assigns as error only the failure of the court to allow his motions for nonsuit at the close of the State’s evidence and at the close of all the evidence. Defendant’s motions for non-suit must be considered in light of all the evidence since he introduced evidence and thereby waived the motions made at the close of the State’s evidence. G.S. 15-173; State v. Prince, 270 N.C. 769, 154 S.E. 2d 897. Thus, the sole question for decision is whether upon a consideration of all the evidence admitted— whether competent or incompetent — in the light most favorable to the…