State v. Grubaugh

The defendants urge a single claim of error, namely, that the trial court erred in denying the motion for an instructed verdict in their favor at the close of the state’s case. They rested when the state did and elected not to put on any evidence themselves. The sole ground urged below in support of the motion was and here is that there was no proof of entry, without which a verdict of guilty could not be sustained. It will be agreed that entry must be proved but not that the verdict lacks evidence sufficient to support it in this particular. On the contrary, it is my view there are facts in…