State v. . Killian

The prisoner was indicted with one Andy Bates for the murder of George Bates, and was convicted of manslaughter, the other defendant being acquitted. The prisoner, John Killian, appealed. When the State closed its testimony and rested its case, the prisoner, John Killian, moved that a nonsuit be entered under the statute, Gregory's Supplement, sec. 3265a. This the court refused to do, and the prisoner excepted. It is contended that when this motion was made there was no evidence against the prisoner, John Killian, and if this be correct, and he had rested his case there, we would have…