State v. Brooks

COIL, Commissioner.

Lillie Mae Brooks was convicted of second degree murder and her punishment fixed at twelve years in the state penitentiary. Inasmuch as she has filed no brief on her appeal from the ensuing judgment, we examine the assignments of error in her motion for new trial.

Assignment 11 was that the trial court erred in failing to sustain her motion for judgment of acquittal at the close of the state’s case. Defendant waived that motion by offering evidence in her defense. She does not contend that there was no sub-missible case at the close of all the evidence.

The evidence tended to…