Diggins v. State

This is an appeal from a conviction of assault upon Harry S. Miller and a fine of $5.00. The case was tried without a jury. A motion for a directed verdict of not guilty was denied at the close of the State’s evidence and was not re-offered at the close of all the evidence..The State contends that under Rule 7 (c) of the Criminal Rules of Procedure the verdict cannot now be reviewed upon the evidence. The contention is that “when a criminal charge has been so tried by the court” means “tried by the court and a motion for a directed verdict has been denied at the close of all the evidence”,…