STATE OF NORTH CAROLINA
v. Carteret County
No. 05 CRS 50355
SAMUEL RICHARD SWINDELL,
Attorney General Roy Cooper, by Assistant Attorney General
Christine Goebel, for the State.
Jarvis John Edgerton, IV, for defendant-appellant.
This appeal arises from Defendant's conviction of the charge
of embezzlement. At the close of the State's evidence, Defendant
did not move to dismiss the charge and did not present evidence.
He now seeks to argue that the State failed to present sufficient
evidence to prove the charge of embezzlement. However, 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. N.C. R. App. P.
10(b)(3). Because Defendant failed to move to dismiss the action
at the close of the evidence, he failed to preserve this question
for appellate review. Accordingly, this argument is dismissed.
Judges ELMORE and GEER concur.
Report per Rule 30(e).
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