State v. Livingston

Defendant was convicted of attempting to unlawfully obtain a narcotic drug and sentenced to three years’ imprisonment. He asserts' on this appeal that (1) the court erred in denying his motions for acquittal, and (2) the court’s instructions were erroneous in certain particulars hereinafter mentioned.

At the' conclusion of the state’s case defendant moved for a judgment of acquittal under QRS 136.605. Upon denial of this' motion, defendant rested his case without’ putting on any evidence and then moved for a directed verdict of acquittal. This motion was also denied.

In passing upon the denial…