State v. . Atkinson
Supreme Court of North Carolina
Larceny — Evidence. This was an indictment for Larceny, tried at Spring Term, 1885, of the Superior Court for Johnston county, before Mao-Rae, Judge, and a jury. The jury returned a verdict of guilty against the defendants, and the Court gave judgment, from whicli they appealed. The case is stated in the opinion of the Court.
1Opinion of the CourtMerrimon, J.
What is evidence, and whether or not there is any evidence to go to the jury in respect toan issue submitted to them, are questions exclusively for the decision of the Court. But if there is evidence — any evidence — to go to the jury, it is their province to determine its weight and effect, and whether or not it is sufficient to warrant them in rendering a verdict of guilty in a criminal action. Of course, this does not imply that the Court would not have the power in a proper case, where there is a conflict of testimony, to set a verdict of guilty aside, as being manifestly against the…
2Cases cited4 opinions
- State v. . PattersonSupreme Court of North Carolina · 1878
- State v. . WhiteSupreme Court of North Carolina · 1883
- State v. . JamesSupreme Court of North Carolina · 1884
- State v. . CrockettSupreme Court of North Carolina · 1880
3Cited by8 opinions
- State v. . HarrisonSupreme Court of North Carolina · 1907
- State v. . PowellSupreme Court of North Carolina · 1886
- State v. . BrackvilleSupreme Court of North Carolina · 1890
- State v. BrackvilleSupreme Court of North Carolina · 1890
- Berry v. . HallSupreme Court of North Carolina · 1890
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