State v. Wiley

At the close of the State’s evidence the record discloses, “The defendants each moved to dismiss. Motion denied. The defendants each offer no evidence and renew their motion. Motion denied.” The agreed statement of the case on appeal signed by the solicitor and by counsel for the defendants recites: “At the conclusion of the State’s evidence, motion was made in behalf of each defendant for a directed verdict of not guilty, which motion was denied and exception thereto allowed.”

The motion for a directed verdict of not .guilty challenges the sufficiency of the evidence to go to the jury, S. v.…