State v. Schimkat

BIEGELMEIER, Judge.

Defendant was convicted of grand larceny of a 12-inch portable color television set. He appeals arguing two points in his Appellant's Brief.

After the state rested, defense counsel advised the court he had a motion to make. The jury was excused, the motion heard and denied; thereupon counsel stated: "That's all we have * * * I would like to inform the Court at this time that the defense will not offer any evidence and we will rest at this point." Upon return of the jury the court stated: "The defendant is present and you may proceed." Defense counsel announced: "Your Hon-…