State v. Saltzman

(dissenting) — I am unable to concur in the majority opinion and respectfully dissent therefrom.

There are no material conflicts in the facts as they appear from the record. The matter was submitted to the jury over the objection of appellant, who moved for a directed verdict. A verdict of guilty followed. This verdict the court refused to set aside.

It seems to me that there are but two questions involved: First: Was there sufficient evidence to warrant the trial court in submitting the issue of the guilt of the defendant to the jury ? If that be answered in the negative that ends the case.…