State v. . Prince
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at tlie May Term, 1921, of Chatham. Defendant was convicted of manufacturing spirituous liquor, and, being sentenced to eighteen months on the roads, he appealed. The only question is whether there was any evidence of his guilt, and this was raised by his motion to nonsuit the State.
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Appeal by defendant from Lyon, J., at tlie May Term, 1921, of Chatham. Defendant was convicted of manufacturing spirituous liquor, and, being sentenced to eighteen months on the roads, he appealed. The only question is whether there was any evidence of his guilt, and this was raised by his motion to nonsuit the State. The evidence substantially was that three officers had searched near defendant’s premises on 10 May, 1921, and about one-half or three-quarters of a mile from his house they found a distillery that was being operated, and the materials were there for making whiskey. There was a…
1Opinion of the CourtWalker, J.
We have examined the evidence with close scrutiny, and can find none upon which a verdict of guilty can reasonably be based, if there is any, upon which to raise even a well founded suspicion. All of the circumstances upon which the State solely relies may exist, and yet the defendant be innocent. Either singly or in combination they produce no assurance of guilt, but, at most, only a mere conjecture or surmise of it, which is certainly not sufficient as evidence. Byrd v. Express Co., 139 N. C., 273. In S. v. Vinson, 63 N. C., 335, this Court thus states-the rule: “We may say with certainty…
2Cases cited18 opinions
- Offutt v. World's Columbian ExpositionIllinois Supreme Court · 1898
- State v. . VinsonSupreme Court of North Carolina · 1869
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
13 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1930
- State v. RobertsSupreme Court of North Carolina · 1967
- Smith v. . SinkSupreme Court of North Carolina · 1937
- State v. . RaySupreme Court of North Carolina · 1938
- State v. . LawrenceSupreme Court of North Carolina · 1929
48 more not listed; retrieve them via the Exa API.