State v. Butcher

MALLARD, Chief Judge.

Defendant assigns as error the failure of the judge to allow his motion for judgment as of nonsuit. From the evidence, this occurrence seems to have been a Sunday night “shoot-out” on 23 June 1968 at a “juke box joint.” Because a new trial is awarded, we refrain from a discussion of the evidence. We hold that on this record the evidence was sufficient to take the case to the jury, and the trial judge did not commit error in overruling the defendant’s motion for judgment as of nonsuit.

Defendant also assigns as error the following portions of the judge’s instructions to the…