State v. Hamby

Defendants bring forward one assignment of error. They spe cify that the only question presented by this appeal is whether the court erred in overruling their motion for judgment of nonsuit on the charge of murder in the first degree. They contend that “the State offered positive, direct and substantial evidence that the defendants were drunk before and at the time the crime was committed and therefore could not have acted with premeditation and deliberation.”

In order to convict each defendant the State was required to produce evidence which satisfied the jury beyond a reasonable doubt that…