State v. . Moody
Supreme Court of North Carolina
ActioN tried before Guión, J., and a jury, at February Term, 1908, of Swain. The defendant was indicted in a bill containing two counts, the first for disturbing a religious congregation, and the second, under the Revisal, sec. 3706, for being intoxicated at a place of public worship. The State introduced one B. M. Peek, who testified: “I was at Yellow Mountain Church. There was preaching there on that day. Services had been concluded about five minutes.
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ActioN tried before Guión, J., and a jury, at February Term, 1908, of Swain. The defendant was indicted in a bill containing two counts, the first for disturbing a religious congregation, and the second, under the Revisal, sec. 3706, for being intoxicated at a place of public worship. The State introduced one B. M. Peek, who testified: “I was at Yellow Mountain Church. There was preaching there on that day. Services had been concluded about five minutes. I was one of the first to 'come out of the church, and as I came out I saw defendant within about five steps of the church; he was drunk.…
1Opinion of the CourtBrown, J.
While we are of opinion that the evidence as to the second count in the bill was sufficient to go to the jury, we are of opinion that the State cannot appeal from such -a ruling, and that the appeal must be dismissed. The proper practice is for the defendant to. move the court to direct the jury that the evidence is insufficient to convict, and to enter a verdict of not guilty. If the judge is with the defendant, and so directs, that ends the case, and it is well settled that the State cannot appeal. That is evidently what was intended to be done on the trial of this case.
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2Cited by9 opinions
- State v. RobySupreme Court of Minnesota · 1915
- State v. . McCollumSupreme Court of North Carolina · 1940
- United States v. TatcherCourt of Appeals for the Third Circuit · 1942
- State v. . EdwardsSupreme Court of North Carolina · 1925
- State v. . AndrewsSupreme Court of North Carolina · 1914
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