State v. . Harvey

The question for decision is whether the evidence suffices to overcome the demurrer and to carry the case to the jury. The trial court answered in the affirmative. We are inclined to a different view.

True it is, the evidence seems to point an accusing finger at the defendant as the perpetrator of the crime, and to excite suspicion, somewhat strongly perhaps, of his guilt, but it apparently leaves too much to surmise or assumption to support a conviction. S. v. Warren, ante, 22; S. v. Oxendine, 223 N. C., 659, 27 S. E. (2d), 814, and cases cited.

The defendant entered upon the trial with the…