State v. Harden

VAUGHN, Judge.

Defendant attempts to assign error in the denial of his motion to dismiss at the close of the State’s evidence. Following the denial of the motion, he put on evidence in his own behalf. No motion was made at the conclusion of all the evidence. He, therefore, waived his prior motion and cannot now bring it forward as appealable error. G.S. 15-173; State v. Fikes, 270 N.C. 780, 155 S.E. 2d 277 (1967); State v. Rhyne, 39 N.C. App. 319, 250 S.E. 2d 102 (1979). Defendant has not asserted, as he could have without exception at trial, that all the evidence was insufficient as a matter…