State v. Gardner

The defendant, Donnie Bay Gardner, was convicted in the circuit court for Linn county of the crime of burglary not in a dwelling, and was sentenced to imprisonment in the penitentiary for a term not exceeding'three years, from which judgment he appeals. -. At the close of the state’s case the defendant moved the court for a judgment of acquittal, on the ground that the state had failed “to prove the elements of the crime as set forth in the indictment.” The court denied the motion, and the defendant thereafter presented evidence in his defense, and the state then presented evidence in…