State v. . McBryde
Supreme Court of North Carolina
Indictment, tried before Gilmer, Judge, and a jury, at August Term, 1886, of Robeson Superior Court. This was an indictment for entering the dwelling-house of one J. A. Hornaday in the night time, otherwise than by a burglarious breaking, to wit: through an open window, with a felonious intent.
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Indictment, tried before Gilmer, Judge, and a jury, at August Term, 1886, of Robeson Superior Court. This was an indictment for entering the dwelling-house of one J. A. Hornaday in the night time, otherwise than by a burglarious breaking, to wit: through an open window, with a felonious intent. There were two counts in the indictment, the first charging the entry to have been with intent to steal the goods of J. A. Hornaday, and the second with intent to commit a rape upon Mary E. McQuagin. The State introduced the said Mary as a witness, who testified in substance, that on the 22d clay of…
1Opinion of the Court
Davis, J.,
(after stating the facts). It is insisted for the defendant,- that there was no evidence that should have gone to the jury, and that the Court should have directed an acquittal. Whether there is any evidence, is a question for *396the Court; what weight is to be given to it when there is any, is for the jury. “ When there is no evidence, or if the evidence is so slight as not reasonably to warrant the infer■ence of the defendant’s guilt, or furnish more than material for mere suspicion, it is error to leave the issue to be passed upon by the jury;” State v. Patterson, 78 N. C., 470;…
2Cases cited4 opinions
- State v. . MasseySupreme Court of North Carolina · 1882
- State v. . PattersonSupreme Court of North Carolina · 1878
- State v. HaynesSupreme Court of North Carolina · 1874
- State v. . RiceSupreme Court of North Carolina · 1880