State v. McKenzie

At the close of the State’s case, the defendant made a motion for a directed verdict, on the ground of insufficiency of testimony to carry the case to the jury, and this motion was renewed at the end of all the testimony. The overruling of this motion and a motion for a new trial based on the same grounds is the only question raised in the case.

Summarized, the defendant’s contention is: First, that there was insufficient testimony to take the case to the jury; and second, that the verdict is clearly against the weight of the testimony.

Section 13944, Code of 1924, provides grounds for a new…