State v. Becker

The defendant’s assignment of error No. 3 challenges the correctness of the ruling .of the court below in refusing to sustain his motion for judgment as of nonsuit interposed at the close of the State’s evidence and renewed at the close of all the evidence.

As a basis for consideration of the above assignment of error, we have endeavored to set forth a comprehensive and accurate statement of the pertinent parts of the evidence adduced in the trial below.

The result of this accident is indeed regrettable, irrespective of what happens to the defendant. However, his conviction should not be upheld…