State v. Nelson

Defendant appeals from a sentence of life imprisonment. entered on a jury verdict finding him guilty of murder.

At the close of the evidence on behalf of the state and again at the close of all evidence, defendant made a motion to direct the jury to return a verdict of acquittal, which the trial court denied. Upon appeal the correctness of this motion may be reviewed. SDC 1960 Supp. 34.3650. See also SDC 1960 Supp. 34.4109 and State v. Davis, 77 S.D. 87, 86 N.W.2d 174. The insufficiency of the evidence to justify the verdict is thus presented. SDC 1960 Supp. 34.4002(7).

When the state has…