State v. . Simms

"When the State had produced its evidence and rested its case the defendant moved to dismiss the action, which motion was denied, and the defendant excepted, and then the defendant introduced evidence tending to establish an alibi, and after all of the evidence in the case was concluded he again moved to dismiss the action, which motion was also denied, and the defendant again excepted. C. S., 4643. The defendant made the denial of these motions the bases for exceptive assignments of error.

While there was ample evidence for the jury to have found that certain personal property belonging to…