State v. . Shu

The only question presented by this appeal is whether the State’s evidence was of sufficient probative force to warrant its submission to the jury. An examination of the record leads us to the conclusion that defendant’s motion for judgment as of nonsuit should have been allowed.

The State’s evidence tended to show that on the night of 24 April, 1940, about 2 :30 a.m., Stonestreet’s Cafe in Mooresville was broken and entered, and goods stolen therefrom, entrance being effected by breaking the glass of the front door. A small safe was removed and thrown out nearby, unopened. There was blood on…