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STATE v. SALLIE

No. 7112SC694.

186 S.E.2d 667 (1972)

13 N.C. App. 499

STATE of North Carolina v. Danny L. SALLIE.

Court of Appeals of North Carolina.

February 23, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Millard R. Rich, Jr. for the State.

Gary E. Conn and Asst. Public Defender William S. Geimer, for defendant appellant.

PARKER, Judge.

Appellant assigns error to the denial of his motions for nonsuit. By introducing evidence, defendant waived his first motion, which was made at the close of the State's evidence. G.S. § 15-173; State v. McWilliams, 277 N.C. 680, 178 S.E.2d 476. On this appeal, therefore, we consider only defendant's second motion, made at the close of all the evidence. This brings in question the...

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