State v. Hill

The appeal presents this question for decision: Was the testimony for the State sufficient to carry the case to the jury and support its verdict that the defendant was guilty of criminal negligence proximately resulting in the death of the decedent? See: S. v. Cope, 204 N.C. 28, 167 S.E. 456; S. v. Stansell, 203 N.C. 69, 164 S.E. 580.

It is manifest that there is no basis for any conclusion that the accused was negligent in the premises unless the State’s evidence affords a factual foundation for the contention of the prosecution that it was his legal duty to yield the right of way at the…