State v. Lewis

CLARK, Judge.

The only question raised by defendant’s exceptions and brought forward in his brief is whether the trial court erred in denying defendant’s motions for judgment of nonsuit. The evidence for the State was more than sufficient to require submission to the jury and fully supports the verdict of guilty as charged.

However, it does appear from the warrant for his arrest that defendant’s date of birth was 14 October 1958, and he testified that he was 19 years of age. The trial court imposed a prison sentence without finding that the youthful offender would not benefit from treatment and…