State v. Garnett

In State v. Garnett, 4 N.C. App. 367, 167 S.E.2d 63 (1969), the defendant appealed his conviction, inter alia, based on the trial court's failure to rule on his motion to dismiss at the close of all the evidence. Garnett, 4 N.C. App. at 371, 167 S.E.2d at 65. The trial court "did not specifically rule upon this latter motion but submitted the case to the jury. Judges should rule on each motion for nonsuit. However, under the circumstances presented here, there was no prejudicial error . . . ." Id. Because there was "ample evidence" against the defendant to withstand the motion, this Court held no prejudicial error. Garnett, 4 N.C. App. at 371, 167 S.E.2d at 66.