State v. Snead

MOORE, Justice.

Defendant assigns as error the denial of his motion for non-suit at the close of the State’s evidence and the denial of his motion to set aside the verdict as against the weight of the evidence. Defendant insists that although there was evidence that defendant was under the influence of some intoxicating beverage at the time of his arrest, there is no evidence as to his condition while driving.

Upon defendant’s motion for judgment as of nonsuit in a criminal case, the question for the court is whether there is substantial evidence of each element of the offense charged, or of a…