State v. . Dove

Tbe defendant was indicted for murder. However, at tbe solicitor’s election be was not put on trial for first degree murder but for murder in tbe second degree or manslaughter. This was equivalent to taking a nolle prosequi on tbe capital charge. S. v. Gregory, 203 N. C., 528, 166 S. E., 387. At tbe close of tbe State’s evidence defendant’s motion for judgment as of ndnsuit was denied. Tbe solicitor then moved to be permitted to offer additional testimony. This motion was allowed, and, it appearing that tbe evidence desired was not presently available, tbe court ordered a mistrial, and…