State v. Jasmin

Under a complaint in two counts, charging him with loitering on a street in the city of Rutland and with a breach of the peace by assaulting a policeman who was attempting to arrest him, the respondent was convicted, and brings his case here by exceptions.

At the close of the State’s evidence, the respondent moved to dismiss the complaint for failure of proof, and excepted when this motion 'was overruled. This exception will not avail him, for he proceeded with his defense by introducing evidence, and, not having renewed his motion at the close of the evidence, he waived the exception he had…