State v. Gibson
Supreme Court of North Carolina
Appeal by defendants from Pless, J., at Novembei’ Term, 1945, of Caswell. The defendants were tried upon five bills of indictment, for offenses growing out of the same or interrelated transactions and consolidated for the purpose of trial: Two for assault with a deadly weapon, one for kidnapping, one for attempted burglary, and one for forcible trespass. They were convicted on the charges of attempted burglary and forcible trespass, and acquitted on the others.
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Appeal by defendants from Pless, J., at Novembei’ Term, 1945, of Caswell. The defendants were tried upon five bills of indictment, for offenses growing out of the same or interrelated transactions and consolidated for the purpose of trial: Two for assault with a deadly weapon, one for kidnapping, one for attempted burglary, and one for forcible trespass. They were convicted on the charges of attempted burglary and forcible trespass, and acquitted on the others. The evidence for the State tends to show as follows: Mrs. Marshall owned a country place in Caswell County, consisting of extensive…
1Opinion of the CourtSeawell, J.
The appeal of defendants poses the question whether the evidence was sufficient to go to the jury upon either of the offenses of which they were found guilty, and as to either of defendants. However, there was sufficient evidence that they acted in concert throughout the transactions culminating in the indictments, and the cases may be discussed without distinction as to their participation.
The Court is of the opinion that the evidence on the charge of attempted burglary is not sufficient to be submitted to the jury. The judgment overruling the demurrer to the evidence and declining the…
2Cases cited8 opinions
- State v. . OxendineSupreme Court of North Carolina · 1924
- State v. DavenportSupreme Court of North Carolina · 1911
- State v. . DavenportSupreme Court of North Carolina · 1911
- State v. . EarpSupreme Court of North Carolina · 1928
- State v. . PollokSupreme Court of North Carolina · 1844
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. HollandSupreme Court of North Carolina · 1951
- State v. MatthewsSupreme Court of North Carolina · 1950
- State v. McAlisterCourt of Appeals of North Carolina · 1982