Cox v. State

Russell, Judge.

In the concluding argument the solicitor general stated to the jury, “Gentlemen of the Jury, Mr. Davidson told you in his argument that there was not sufficient evidence for you to convict. Gentlemen, Mr. Davidson is a good lawyer, and if he thought the evidence was not sufficient for you to convict he would have made a motion for a directed verdict of not guilty. If he had been correct the judge would have directed a verdict of not guilty and you would not be considering this case.” Counsel for the defendant made a motion for mistrial which was denied. Under Code § 81-1009…