State v. Lipsey

BROCK, Judge.

Defendant assigns as error that the trial judge denied his motion for dismissal at the close of the State’s evidence and again at the close of all the evidence. These assignments of error are without merit. The State offered the testimony of a witness who saw “Benjamin Lipsey [the defendant] jump up and come down with his hands and cut him [Officer White-sides] across the head and across the shoulder.” This testimony coupled with the testimony of the extent of the injury to the officer was clearly sufficient to require submission of the case to the jury upon the question as…