State v. Bereman

The opinion of the court was delivered by

Wertz, J.:

Defendant was placed on trial charged with the offense of an attempt under G. S. 1949, 21-101, to commit the crime denounced in G. S. 1949, 21-907. At the conclusion of the state’s evidence, defendant moved for his discharge on the ground the evidence failed to prove a prima facie case of attempt to commit the crime charged. The motion was sustained by the trial court and the defendant was discharged. The trial court in sustaining the defendant’s motion stated, among other reasons, that the testimony offered by the state developed only some…