State v. Scott

EXUM, Justice.

Our decision upon defendant Scott’s petition for further discretionary review is to reverse the Court of Appeals insofar as it affirmed the denial of this defendant’s motion for nonsuit. *714Upon the State’s appeal we affirm the Court of Appeals’ award of a new trial to defendant Jacobs.

The evidence for the State, neither defendant having offered evidence, may be summarized as follows:

Eula Mae Jacobs and Wallace Jacobs apparently did not have a peaceful marriage. On occasion he had beaten her. A week before the killing she had taken out a warrant against him. Many times in the past…