Fowler v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

A demurrer to the evidence or motion to instruct a verdict because of the insufficiency of the evidence when the State closes its case, even if sound at the time it is made, becomes unavailable if the accused, subsequently by his testimony or that of his witnesses, introduces criminative evidence sufficient to support the conviction. See Ency. of Law & Proc., Vol. 38, p. 1541, also pages 1549 and 1560; also Ency. of Law & Proc., Vol. 12, p. 1294; also Ency. of Plead. & Prac., Vol. 6, p. 700. Analogous are many illustrations furnished in recent…