Denson v. State

CARR, Judge.

Appellant was tried in the court below on an indictment charging murder in the first degree, and he was convicted of manslaughter in the first degree.

When the State had introduced its evidence in chief and rested, appellant’s counsel made a motion to exclude all the testimony “on the ground that the State hasn’t given sufficient evidence to convict this man of any offense in the purview of this indictment.” This is a permissible practice in criminal cases. Robinson v. State, 222 Ala. 541, 133 So. 578; Wallace v. State, 16 Ala.App. 85, 75 So. 633; Terry v. State, 29 Ala.App. 340,…