State v. Johnson

HEDRICK, Chief Judge.

We consider only the question of whether the trial court erred in denying defendant’s motion for judgment as of nonsuit. In ruling on this question we assume that all the evidence challenged by defendant on appeal was properly admitted.

The State’s approach to this case on appeal is summed up and illustrated by the unusual statement in its brief that “. . . the State, in the case at bar, produced substantial evidence raising more than a reasonable inference that defendant did, with malice and without premeditation or deliberation, murder Luther Bailey. Defendant has not…