State v. Broadwater

The defendant was convicted of the crime of grand larceny and sentenced to a term in the state prison. He thereupon moved for a new trial, alleging as grounds therefor that the court erred in decisions of law arising during the course of the trial, misdirected the jury in matters of law, and that the verdict was contrary to the law and the evidence. The court granted the motion upon all the grounds specified. From the order granting the motion the state has appealed.

1. If the court was warranted in granting the motion upon either of those grounds the order must be affirmed. (State v. Foster,…