State v. Murphrey

Tbe defendant entered a plea of not guilty and thereby put in issue not only bis guilt, but tbe credibility of tbe State’s evidence; for evidence tending to she-./ guilt is disputed even wben uncontradicted, there being a presumption of innocence which can be overcome only by tbe verdict of a jury. S. v. Hill, 141 N. C., 770. Tbe State introduced only one witness, and tbe defendant offered no evidence. To establish guilt under these circumstances, it was incumbent on tbe State to show tbat Dawson’s testimony, if accepted by tbe jury, was sufficient to show a breach of tbe statute. Tbe…