State v. Biter

Layton, J.:

Three reasons are set forth in support of granting one or both motions. The first is that the verdict was the result of pre judice. The second that, since the evidence was entirely circumstantial, and as consistent with defendant’s innocence as guilt, the motion for acquittal must be granted. And, finally, the important assignment of error is that there was not sufficient evidence to support a conviction.

As to the first reason, it must be conceded that a great deal of notoriety was attached to the case. However, if defendants thought their positions were prejudiced thereby, they…