When on the trial of any criminal action in the superior or district court, the State has introduced its evidence and rested its case, the defendant may move to dismiss the action. If the motion is allowed, judgment shall be entered accordingly; and the judgment has the force and effect of a verdict of "not guilty" as to the defendant. If the motion is refused and the defendant does not choose to introduce evidence, the case shall be submitted to the jury as in other cases, and the defendant may on appeal urge as ground for reversal the trial court's denial of the motion without the necessity of the defendant's having objected to the denial.
If the defendant introduces evidence, the defendant thereby waives any motion to dismiss that the defendant made prior to the introduction of the defendant's evidence and cannot urge the prior motion as ground for appeal. The defendant, however, may make the motion at the conclusion of all the evidence in the case, irrespective of whether or not the defendant made a motion to dismiss beforehand. If the motion is allowed, or is sustained on appeal, it has in all cases 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 trial court's denial of the motion made at the close of all the evidence without the necessity of the defendant's having objected to the denial. (1913, c. 73; Ex. Sess. 1913, c. 32; C.S., s. 4643; 1951, c. 1086, s. 1; 1973, c. 1141, s. 16; 2023-54, s. 6.)
§§ 15-173.1 through 15-174. Repealed by Session Laws 1977, c. 711, s. 33.
Notes of Decisions
Cited in
257
cases, 1944–2015 · leading case:
State v. McElrath, 366 S.E.2d 442 (N.C. 1988).
State v. McElrath, 366 S.E.2d 442 (N.C. 1988).
· cites it 6× “2d 227 (1980); N.C.G.S. § 15-173 (1983). Accordingly, only the sufficiency of the evidence at the close of all of the evidence is before us here.”
State v. Stocks, 355 S.E.2d 492 (N.C. 1987).
· cites it 6× “Defendant contends the trial court erred in failing to dismiss the first degree murder charge, at the close of the State's evidence and of all the evidence, for insufficient evidence of premeditation and deliberation.”
State v. Cummings, 372 S.E.2d 541 (N.C. 1988).
· cites it 6× “2d 474 (1987); N.C.G.S. § 15-173 (1983). We need only address defendant's motion to dismiss at the close of all the evidence.”
State v. Noland, 320 S.E.2d 642 (N.C. 1984).
· cites it 4× “Defense counsel renewed the motion at the end of all the evidence, and the trial court again denied the motion.”
State v. Rahaman, 688 S.E.2d 58 (N.C. Ct. App. 2010).
· cites it 8× “Defendant asserts that the trial court’s dismissal had the same effect as an acquittal pursuant to N.C. Gen. Stat. § 15-173 (2007), which states that if a motion to dismiss is granted, “judgment shall be entered accordingly; and such judgment shall have the force and effect of a…”
State v. Bonney, 405 S.E.2d 145 (N.C. 1991).
· cites it 3× “The defendant next assigns as error the trial court’s denial of his motions to dismiss the first-degree murder charge against him.”
State v. Earnhardt, 296 S.E.2d 649 (N.C. 1982).
· cites it 2× “We first review the salient principles to be applied when testing the sufficiency of the evidence: (1) A motion for dismissal under G.”
State v. Lowery, 309 S.E.2d 232 (N.C. 1983).
· cites it 4× “As an alternative reason for not submitting the first degree murder charge to the jury, the defendant contends that he was unconscious as a result of suffering an alcoholic blackout when he shot the victim.”
State v. Perry, 340 S.E.2d 450 (N.C. 1986).
· cites it 3× “) We particularly note that this section penalizes possession of 4 grams or more of any mixture containing heroin without regard to the percentage of heroin in the mixture.”
State v. Bullard, 322 S.E.2d 370 (N.C. 1984).
· cites it 2× “Motion To Dismiss Finally, defendant contends that the trial court erred when it refused to grant the defendant’s motion to dismiss at the end of the State’s evidence and again at the end of all of the evidence.”
State v. Lee, 501 S.E.2d 334 (N.C. 1998).
· cites it 3× “Defendant asserts that the State failed to offer any direct evidence linking him to the homicide and therefore raised only a suspicion of guilt. We shall consider only the appeal of the denial of the motion made at the close of all the evidence since defendant introduced…”
State v. McKinney, 215 S.E.2d 578 (N.C. 1975).
· cites it 4× “G.S. 15-173 provides that the failure of the defendant to renew his motion for nonsuit at the close of all the evidence constitutes a waiver of his motion for nonsuit made prior to the introduction of his evidence.”
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