State v. Baker

Defendant was convicted of manslaughter caused by an illegal abortion, performed by him upon a young woman, and appeals from the order denying a new trial.

Error is assigned upon the refusal of the court to dismiss for lack of proof when the state rested. Defendant did not see fit to rest, but introduced his evidence in defense. In that situation the practice is well settled in civil cases. “The denial of a motion to dismiss or of a motion for judgment will never be reversed in this court if evidence sufficient to sustain the respondent’s case is received at any time during the trial.” Weide…