State v. Staten

MARTIN, Judge.

Defendant’s assignments of error raise two questions: (1) Did the trial court err in denying the defendant’s motion to dismiss the magistrate’s order and in allowing the State’s motion to amend said order, and, (2) did the trial court err in denying the defendant’s motion for a directed verdict at the close of State’s evidence and again at the close of all the evidence ?

The State’s evidence tends to show that on the third day of January 1976 an argument developed in a tavern between defendant, Larry Murrell, and Ronny Moore; that the fight was stopped and defendant went out to…