Jones v. State

Johnson, Judge.

After a bench trial, which was not transcribed, the trial judge found Phillip Jones guilty of battery. In this appeal Jones asserts that the trial court erred in failing to direct a verdict of acquittal when the evidence was insufficient to support the conviction.

Decided May 16, 1997 Reconsideration denied May 30, 1997 Before Judge Porter. Garland B. Cook, Jr., for appellant.

As a preliminary matter we note that the trial court could not have directed a verdict of acquittal because there is no verdict in a bench trial. Therefore, even if a motion for a directed verdict was made,…