State v. Alston

VAUGHN, Judge.

Defendant assigns error in the denial of his motion for non-suit at the close of the State’s evidence. Defendant presented evidence following the denial of his motion and did not renew the motion. “If the defendant introduces evidence, he thereby waives any motion for dismissal or judgment as in case of nonsuit which he may have made prior to the introduction of his evidence and cannot urge such prior motion as ground for appeal.” G.S. 15-173; State v. Rhyne, 39 N.C. App. 319, 250 S.E. 2d 102 (1979).

Pursuant to G.S. 15A-1227(d) and G.S. 15A-1446(d)(5), defendant could have…