State v. Correro

Correro, the appellee, was indicted and tried for obtaining property under false pretenses. When the State rested its case Correro moved the court to exclude the evidence and direct the jury to acquit him on the ground the proof had failed to show him guilty of the crime with which he was charged The court sustained that motion. From that action the State undertakes to appeal to this Court under Section 1153, Miss. Code 1942.

Such an appeal by the State does not lie. State v. Brooks, 102 Miss. 661, 59 So. 860. In that case this Court said:

“When the state closed its evidence, the court excluded…