State v. . Cade

While there was conflicting evidence and evidence tending to contradict the statements of some of the State’s witnesses, when considered in the light most favorable to the State, it was sufficient to be' submitted to the jury. In recognition of this fact counsel for the defendant made no motion to dismiss as of nonsuit when the State rested. Instead he made a motion for a directed verdict of “Not guilty” as to the charge of first degree murder. As the jury returned a verdict of guilty of murder in the second degree, exception to the action of the court in overruling this motion becomes…