State v. Myers

CROCKETT, Chief Justice:

The defendant was convicted by a jury of the crime of rape.1 After the return of the verdict, the district court entered an order in arrest of judgment. The state appeals.2

When there has been a trial by jury, the state, as well as the defendant, is entitled to the benefit of the findings and the verdict of the jury. The trial judge can intrude upon the prerogatives of the jury and substitute his judgment therefor only if he can so rule as a matter of law. In the face of the ruling made in this case, we are obliged to assume that wherever the evidence was in dispute,…