People v. Bax

Appeal unanimously dismissed. Memorandum: At the close of the People’s evidence in a prosecution for murder in the second degree, the court denied the defendant’s motion to dismiss the indictment for failure of proof. The defendant presented evidence, including his own testimony, and then rested. The motion to dismiss was not renewed and the prosecutor thereafter swore three witnesses in rebuttal. During the eleventh day of the trial, the District Attorney sought a continuance until the following morning for the purpose of producing an additional witness. Upon granting the continuance, the…