State v. Cheek

BRITT, Judge.

Defendant assigns as error the failure of the court to allow his motion for nonsuit interposed at the close of the evidence for the reasons that the State (1) failed to prove the cause of Miss Cross’ death and (2) failed to show culpable negligence on the part of defendant. We think the assignment is well taken on the question of cause of death and we do not reach the question of culpable negligence.

On a motion to nonsuit a criminal action, it is the duty of the court to ascertain whether there is substantial evidence of each essential element of the offense charged; evidence…