State v. Bright

Defendant- assigns error in the denial of his motion for judgment of nonsuit urged chiefly on the ground that the State’s evidence was characterized and given significance by the defendant’s exculpatory statement, as testified by the State’s witness, that the fatal wound was the result of an accident. While this statement was material and competent to be considered on the motion to nonsuit, it may not be regarded as conclusive if there be other evidence tending to throw a different light on the circumstances of the homicide. The State was not bound by that statement if other evidence offered…