State v. Corinblit

*203OPINION

By the Court, Merrill, C. J.:

This is an appeal taken by the state from judgment of the trial court dismissing an action against the defendant for the crime of embezzlement.

The dismissal occurred during trial before a jury.. After the prosecution had completed its case the court took the case from the jury upon motion of counsel for the defendant and ordered the case dismissed for failure of the state to prove a material element of the crime charged. Upon this appeal the state contends that this action was in violation of sec. 11001, N.C.L.1929, which provides: “If, at any time after…