State v. Richardson

In State v. Richardson, 341 N.C. 658, 676, 462 S.E.2d 492, 504 (1995) the defendant made a motion to dismiss at the close of the State's evidence, but failed to renew the motion at the close of all of the evidence. The North Carolina Supreme Court determined, "under Rule 10(b)(3) of the North Carolina Rules of Appellate Procedure, the issue of insufficiency was not preserved for appellate review" and overruled the defendant's assignment of error. Id. at 676-77, 462 S.E.2d at 504; see N.C.R. App. P. 10(b)(3) ("If a defendant fails to move to dismiss the action . . . at the close of all the evidence, he may not challenge on appeal the sufficiency of the evidence to prove the crime charged.")