Aspinwall v. Gowens

In its extended opinion on application for rehearing, a majority of this Court addresses a procedural matter, and states the following:

[W]e believe the better view to be that if a complaint has more than one count and the defendant believes that the evidence is not sufficient to support one or more of those counts, he must challenge this by motion for directed verdict, specifying the count which is not supported by evidence and detailing the grounds upon which the particular count is not supported by the evidence with specificity.

I have no quarrel with that statement.

The majority then writes,…