State v. Robbins

Three issues are presented on this appeal.

I

Did the trial court err in denying defendants motion to dismiss upon the close of the state’s case in chief?

This issue is not properly before this court because the defense put in evidence and thereby waived its motion to dismiss.

*“. . . It has generally been held when a court has the power to direct an acquittal or dismissal of a charge against the accused and has refused to direct a verdict of acquittal at the close of the prosecution’s case, the introduction of evidence by the defendant, if the entire evidence is sufficient to sustain a…