State v. Lowther

The State’s evidence was amply sufficient to carry the case to the jury on both counts in the indictment. Defendant made no motion for judgment of nonsuit, makes no contention in his brief that the State’s evidence was insufficient to carry the case to the jury on both counts in the indictment, and his only assignments of error are to the charge.

Defendant assigns as error this part of the charge:

“Now as I stated to you the State relies upon what is known as circumstantial evidence. Now circumstantial evidence, gentlemen of the jury, is a recognized and accepted instrumentality in North…