Rodgers v. State

If we could properly pass upon the merits of the' case we would unhesitatingly grant a new trial; the evidence was clearly insufficient to support a conviction. See, in this connection, Johnson v. State, ante, 182, 58 S. E. 265. However, so far as this court can judicially know, the defendant has never been convicted. This court, as well as the superior court, must in certiorari cases look exclusively to the answer for such information. The answer is wholly silent as to the jurisdictional fact that there has been a final verdict or judgment in the trial court. The applicant for certiorari…