Mullinax v. State

Benham, Judge.

This appeal is from appellant’s conviction of rape and aggravated sodomy.

1. The first enumeration of error is that the trial court erred in denying appellant’s motion for a directed verdict of acquittal.

“Where there is no conflict in the evidence and the evidence introduced with all reasonable deductions and inferences therefrom shall demand a verdict of acquittal or ‘not guilty’ as to the entire offense or to some particular count or offense, the court may direct the verdict of acquittal to which the defendant is entitled under the evidence and may allow the trial to proceed…