Underwood v. State

BRICKEN, Presiding Judge.

The State closed its case and rested, whereupon, the defendant moved the court to exclude all the evidence offerd by the State and discharge the defendant upon the grounds, (l)that the evidence was insufficient to convict the defendant; (2) that the State has failed to carry the burden imposed upon it by law; (3) there is a fatal variance in the averments of the indictment and the evidence; (4) there is no legal evidence to corroborate the testimony of Clarence Carlisle and Rufus Car-lisle who are admitted accomplices, etc. The court denied said motion and defendant…