State v. Kirby

Defendant assigns as error the failure of the trial judge to grant his motion for nonsuit made at the close of the State’s evidence and renewed at the close of all the evidence.

Before resting its case, the State introduced two witnesses. Phil George Lucas gave testimony to the effect that he was the owner of the premises, that they were burglarized on the night of 23 February 1968 or early morning of 24 February 1968, and that the property itemized in the bill of indictment was taken.

The other witness was Ted Cook, a 15-year-old cousin of the defendant, whose testimony is summarized as…