Ross v. State

Appellant, Andy Ross, was indicated for and convicted of manslaughter, in the Circuit Court of Monroe County. He contends he was entitled to a peremptory instruction. Appellant asked for a directed verdict after the State had closed its case. It was denied, and he then introduced two witnesses. After that he did not ask for a peremptory instruction. It is well settled that a defendant waives his motion for a- directed verdict made after the State’s case, where he then introduces evidence in his behalf. Kearney v. State, 224 Miss. 1, 79 So. 2d 468 (1955); I. C. R. R. Co. v. Perkins, 223 Miss.…