State v. Kimbell

OPINION OF THE COURT

BICKLEY, C. J.

An information charged that appellants and one Herschell Guest made a felonious assault upon one John Miller and did rob, steal, and take from the person of said Miller certain money; “said Victor Kimbell, Turner Kim-bell and Herschell Guest, being then and there armed with a dangerous weapon, to-wit: a pistol, then and there had and held in the hands of said Herschell Guest.”

At the close of the state’s case, the defendants made a motion for an instructed verdict of not guilty. This in effect is a demurrer to the evidence. The motion was overruled, and…