State v. Lynch

HUSKINS, Justice.

The question we address upon this appeal is whether the evidence of the crime of bigamy is sufficient to withstand defendant’s motion'for nonsuit. We hold the evidence insufficient to go to the jury, and defendant’s motion for nonsuit should have been granted.

Upon a motion for nonsuit in a criminal action, all of the evidence favorable to the State, whether competent or incompetent, must be considered. Such evidence must be taken as true and considered in the light most favorable to the State. Discrepancies and contradictions are disregarded, and the State is entitled to…