NC 15-173. - NC 15-173.

§ 15-173. Motion to dismiss based on the evidence. 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 d...