State v. . Norton

There are two questions for decision:

First: Is there error in refusing motion for judgment as of nonsuit at close of all tbe evidence under provisions of C. S., 4643?

Appellant concedes that if testimony of bis codefendant, Liston Carter, and bis witnesses be taken into consideration in passing upon tbe motion, tbe evidence against him, Hector Norton, presents a case for tbe jury. He contends, however, that in view of tbe fact that be is charged in separate bill of indictment from that against bis codefendant, Liston Carter, tbe consolidation of the cases for purpose of trial should not…