Bates v. State

OPINION OF COURT.

The following is taken, verbatim, from the opinion.

HOUCK, J.

It will he observed that the accused did not testify and he offered no evidence in his defense. Therefore, all of the -proper, competent and legal evidence presented by the State, in the trial stood uncontradicted and undisputed.

Counsel for plaintiff in error relies upon two grounds for a reversal of the judgment of conviction against his client, to-wit:(1) That the trial judge committed prejudicial error, after the state had rested its case, in not sustaining the motion to require the state to elect upon which count…