State v. Lewellyn

The defendant was charged with and put on trial for the crime of adultery committed February 17, 1927, with Mrs. S., a married woman. At the conclusion of the evidence the court, upon defendant’s motion, directed a verdict of not guilty, which was returned and the defendant discharged. The state appeals and seeks a disapproval and reversal of the judgment upon the ground that the state produced substantial evidence of defendant’s guilt' and that the court erred in not submitting the case to the jury upon the evidence.

All of the evidence heard was produced by the state. The defendant offered…