State v. Smith

MALLARD, Chief Judge.

Defendant contends that the trial judge committed error in failing to allow his motions for judgment of nonsuit made at the close of the evidence for the State and again at the close of all the evidence. We hold that there was ample evidence to require submission of the case to the jury.

The defendant also contends that the trial judge committed error in failing to require the defendant’s witness, Elwood Newman, to answer the following questions propounded to him by the defendant’s attorney, in the absence of the jury, after the witness had refused to answer the question,…