State v. Smith

By his first assignment of error, defendant contends that the trial tribunal committed error in denying his motion for nonsuit at the close of the State’s evidence and renewed at the close of all the evidence. The witness, whose evidence is the basis for defendant’s position testified that he was engaged in the garage and used car business. On the morning after the automobile larceny with which defendant was charged occurred, defendant came to his place of business about 8:30 and wanted to borrow jumper cables with which to start a car. Defendant was not driving a car at that time. Witness…