State v. Shepard

The question before us is tbe sufficiency of tbe evidence to sustain tbe verdict. Tbe defendants have no burden of disproof, nor is it sufficient to say tbe jury judged tbe facts and was not satisfied with tbe explanation of tbe defendants or either of them and therefore tbe findings are binding upon this court. This court must determine whether there is reasonable support of every finding necessary for conviction beyond a reasonable doubt.

Tbe cases cited in tbe majority opinion in support of tbe doctrine of binding effect are all civil cases except State v. Cray, 31 N. D. 67, 153 N. W. 425,…