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STATE v. HOBBS

No. 7526SC281.

217 S.E.2d 7 (1975)

26 N.C. App. 588

STATE of North Carolina v. Fred William HOBBS.

Court of Appeals of North Carolina.

July 16, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. Sidney S. Eagles, Jr., and Assoc. Atty. Thomas Lawrence Pollard, Raleigh, for the State.

Sanders, Walker & London, by Robert G. Sanders and Robert C. Stephens, Charlotte, for defendant appellant.

MORRIS, Judge.

Defendant's first assignment of error relates to the denial of his motions for nonsuit at the close of the State's evidence and at the close of all the evidence.

"`By introducing testimony at the trial, defendant waived his right to except on appeal to the denial of his motion for nonsuit at the close of the State's evidence. His later exception to the denial of his motion for nonsuit at the close...

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