State v. . Crouse
Supreme Court of North Carolina
Appeal by defendant from Long, J., and a jury, at July Term, 1921, of FORSYTH. Criminal action. Tbe defendant ■ was convicted of manufacturing spirituous liquor and baying it in possession for tbe purpose of sale in violation of law. At tbe close of tbe State’s evidence, and, again at tbe close of all tbe evidence, tbe defendant moved to dismiss tbe action as in case of nonsuit. Tbe motion was overruled. Defendant excepted. Other exceptions appear in tbe record.
1Opinion of the CourtAdaMs, J.
Tbe defendant’s motion to dismiss tbe action must be determined by tbe question wbetber tbe evidence, wben construed most favorably for tbe State, is legally sufficient to convict. If it is, or if there is any evidence in tbe record to sustain tbe counts on which tbe defendant was convicted, tbe exception must be overruled. S. v. Carmon, 145 N. C., 482; S. v. Walker, 149 N. C., 528; S. v. Carlson, 171 N. C., 823. In tbe absence of direct and positive proof, tbe State is often required to rely upon circumstantial evidence; and wben a fact is to be proved by such evidence, tbe finding of tbe…
2Cases cited4 opinions
- State v. . StancillSupreme Court of North Carolina · 1919
- Snowden v. . BellSupreme Court of North Carolina · 1912
- State v. . SimonsSupreme Court of North Carolina · 1919
- State v. . BushSupreme Court of North Carolina · 1919
3Cited by11 opinions
- State v. McClainSupreme Court of North Carolina · 1954
- State v. . PayneSupreme Court of North Carolina · 1938
- State v. PayneSupreme Court of North Carolina · 1938
- State v. HarrisonSupreme Court of North Carolina · 1954
- State v. . ColsonSupreme Court of North Carolina · 1942
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