State v. Curry
State v. Curry
Opinion of the Court
Defendant has abandoned all but three of his assignments of error for failure to argue them in his brief. Rule 28, Rules of Practice in the Court of Appeals of North Carolina.
Defendant next contends that the trial court committed prejudicial error in refusing to admit testimony as to the dangerous character of the deceased. We fail to see how defendant was prejudiced by the trial court’s failure to permit such testimony earlier in the trial when both the defendant and one of his witnesses later were permitted to testify that Staley had a reputation and character in the community for being a violent and dangerous fighting man. This assignment of error is overruled.
Defendant’s final assignment of error relates to the denial of his motions for judgment as of nonsuit and directed verdict.
“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 made at the close of all the evidence, however, draws into question the sufficiency of all the evidence to go to the jury.” State v. Davis, 24 N.C. App. 683, 211 S.E. 2d 849 (1975), citing State v. Mull, 24 N.C. App. 502, 211 S.E. 2d 515 (1975), and State v. McWilliams, 277 N.C. 680, 687, 178 S.E. 2d 476 (1971).
Defendant received a fair trial free from prejudicial error.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.