§ 15-173. Demurrer to the evidence. - North Carolina Statutes

§15‑173.  Demurrer to the evidence.

When on the trial of anycriminal action in the superior or district court, the State has introduced itsevidence and rested its case, the defendant may move to dismiss the action, orfor judgment as in case of nonsuit. If the motion is allowed, judgment shall beentered accordingly; and such judgment shall have the force and effect of averdict of "not guilty" as to such defendant. If the motion isrefused and the defendant does not choose to introduce evidence, the case shallbe submitted to the jury as in other cases, and the defendant may on appealurge as ground for reversal, the trial court's denial of his motion without thenecessity of the defendant's having taken exception to such denial.

If the defendant introducesevidence, he thereby waives any motion for dismissal or judgment as in case ofnonsuit which he may have made prior to the introduction of his evidence andcannot urge such prior motion as ground for appeal. The defendant, however, maymake such motion at the conclusion of all the evidence in the case,irrespective of whether or not he made a motion for dismissal or judgment as incase of nonsuit theretofore. If the motion is allowed, or shall be sustained onappeal, it shall in all cases have the force and effect of a verdict of"not guilty." If the motion is refused, the defendant may on appeal,after the jury has rendered its verdict, urge as ground for reversal the trialcourt's denial of his motion made at the close of all the evidence without thenecessity of the defendant's having taken exception to such denial. (1913,c. 73; Ex. Sess. 1913, c. 32; C.S., s. 4643; 1951, c. 1086, s. 1; 1973, c.1141, s. 16.)