State v. McKinnon

Exceptions Nos. 1 and 8 are directed to the refusal of the court below to grant the defendants’ motion for judgment as of nonsuit at the close of the State’s evidence and at the close of all the evidence.

The defendants contend there is no evidence that' Frank Merritt died as a result of the pistol fired by Henry Kendrick. That no witness testified that the pistol shot caused the death of the deceased. Therefore, the motion for judgment as of nonsuit should have been granted as to both defendants. While the record does not disclose the testimony of any witness to the effect that Frank Merritt…