State v. Hudson

Hudson’s Bill of Exception No. 20 was taken to the trial court’s refusal to give a directed verdict in response to the defendant’s motion when the State rested its case. This was a discretionary ruling, and under the judge’s per curiam I find no prejudicial error. Ordinarily I would concur since the majority has also rejected the hill of exception. However, the majority without plea of unconstitutionality or any other urging has declared unconstitutional the first paragraph of Code of Criminal Procedure Article 778, our directed verdict law in jury cases. The majority reasoned that this…