State v. . Norris

The first exception and assignment of error of defendant is as follows: “For that the court refused to direct the jury to return a verdict of not guilty.” This exception and assignment of error cannot be sustained. O. S., 4643, is as follows: “When on the trial of any criminal action in the Superior Court, or in any criminal court, the State has produced its evidence and rested its case, the defendant may move to dismiss the action or for judgment of nonsuit. If the motion is allowed, judgment shall be entered accordingly; and such judgment shall have the force and effect of a verdict of 'not…