Smith v. State
| Decision Date | 11 November 1940 |
| Docket Number | 34260. |
| Citation | 198 So. 561 |
| Court | Mississippi Supreme Court |
| Parties | SMITH v. STATE. |
Appeal from Circuit Court, Holmes County; S. F. Davis, Judge.
" Not to be reported in State Reports."
Fred Smith was convicted of an offense, and he appeals.
Reversed and defendant discharged.
S. R. King, of Durant, for appellant.
Greek L. Rice, Atty. Gen., and W. D. Conn, Jr., Asst. Atty. Gen., for appellee.
The appellant's request for a directed verdict of not guilty should have been granted. There is no substantial conflict between the evidence for the State and that for the appellant, and any inference of guilt that might have been drawn from the evidence for the State disappeared when that for the appellant came in.
Reversed and the appellant discharged.
To continue reading
Request your trial
-
State v. Thornhill, 43360
...nature of a demurrer to the evidence, and is subject to the same rules. Kearney v. State, 224 Miss. 1, 79 So.2d 468 (1955); Smith v. State, 198 So. 561 (Miss.1940); Griffin v. State, 197 So. 832 (Miss.1940); McLendon v. State, 187 Miss. 247, 191 So. 821 (1939); Woods v. State, 186 Miss. 463......
- Boyd v. State