Nail v. State

(after stating the facts as above.) It is first contended that the trial court erred in overruling the demurrer of defendant to the evidence at the conclusion of the state’s case. While a demurrer to the evidence is not recognized in the criminal procedure of this state, this court has always treated such a motion as a request to direct a verdict of not guilty. Such request was properly ¡¡overruled in this case, because there was ample evidence ' in the record at the conclusion of the state’s case to have authorized the conviction of defendant of the crime of murder.

It is next contended that…