State v. . McLeod

BROGDEN, J., dissenting. after stating the case: The prisoner stressfully contends that his motion for judgment of nonsuit, made first at the close of the State's evidence and renewed at the close of all the evidence, should have been allowed, but we are of opinion that the case is one calling for a jury verdict. The motion to dismiss under C. S., 4643, requires that the court ascertain merely whether there is any evidence to sustain the allegations of the indictment, and not whether it be true or the jury should believe it. S. v. Lawrence, post, 562.

True, the evidence is circumstantial, but…