State v. . Shoup
Supreme Court of North Carolina
Appeal by defendant from Alley, Jat 9 July, 1945, Mixed Term, of Guileoed. The defendant was tried upon an indictment charging him with larceny of $260 from the person of C. H. Josey, and challenges the conduct of the trial in the particulars noted.
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Appeal by defendant from Alley, Jat 9 July, 1945, Mixed Term, of Guileoed. The defendant was tried upon an indictment charging him with larceny of $260 from the person of C. H. Josey, and challenges the conduct of the trial in the particulars noted. The following summary is sufficient to present the case for review: There was evidence to the effect that Josey and the defendant had ridden in the same bus seat from some distance east of Ealeigh, Josey going home to Salisbury, and Shoup to Charlotte. Both had been drinking, and Josey had had several drinks. Jósey had in his wallet about $300,…
1Opinion of the CourtSeawell, J.
Our office on review does not permit us to pass on tbe weight of evidence. We can only assure tbe demurring defendant tbat be shall not be convicted except on evidence tending to show bis guilt; S. v. McKinnon, 223 N. C., 160, 25 S. E. (2d), 606; S. v. Johnson, 220 N. C., 773, 18 S. E. (2d), 358; S. v. Stephenson, 218 N. C., 258, 10 S. E. (2d), 819; G. S., 15-173, and annotations; and we cannot agree with counsel for tbe appellant tbat tbe evidence submitted to tbe jury on tbe trial is not of tbat character. Tbe motions for judgment as of non-suit were properly overruled.
Appellant’s first…
2Cases cited19 opinions
- State v. . GrahamSupreme Court of North Carolina · 1876
- State v. . MasseySupreme Court of North Carolina · 1882
- State v. . PayneSupreme Court of North Carolina · 1938
- State v. Adams.Supreme Court of North Carolina · 1905
- State v. . LawrenceSupreme Court of North Carolina · 1929
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3Cited by6 opinions
- State v. WestbrookSupreme Court of North Carolina · 1971
- State v. BeachSupreme Court of North Carolina · 1973
- State v. LambeSupreme Court of North Carolina · 1950
- State v. MurrayCourt of Appeals of North Carolina · 1974
- State v. NewtonCourt of Appeals of North Carolina · 1975
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