
    STATE v. AXE.
    Ohio Supreme Court.
    No. 20925.
    Decided May 16, 1928.
    Exceptions to Auglaize Common Pleas.
    Exceptions sustained.
    333. CRIMINAL LAW — 396 Directed Verdicts.
    Where evidence in criminal case tends to sustain all essential elements in indictment, error for court to direct verdict.
   KINKADE, J. •

When the evidence in a criminal case tends to sustain all the essential elements charged in the indictment, it is error for the trial court to withdraw the case from the jury and discharge the defendant.

(Marshall, CJ., Day, Allen, Robinson and Matthias, JJ., concur. Jones, J., dissents.)  