State v. Everette

MOORE, Justice.

Defendant first assigns as error the failure of the trial court to direct a verdict for defendant at the close of the State’s evidence, at the close of defendant’s evidence, and at the close of all the evidence. In support of this assignment, defendant summarizes a portion of the evidence that stresses his plea of self-defense and contends that because of this evidence the State did not meet the burden of proof required for submission of the case to the jury.

In a criminal case the proper motion to test the sufficiency of the State’s evidence to carry the case to the jury is a…