Stacy, J., concurring in the finding of error and in the grant of a new trial for the reasons cited by the Court, but dissenting on the grounds that the proper outcome was for the charges to be dismissed for insufficient evidence
How later courts described this case
- Stacy, J., concurring in the finding of error and in the grant of a new trial for the reasons cited by the Court, but dissenting on the grounds that the proper outcome was for the charges to be dismissed for insufficient evidence
Written by the judges who cited it.
The opinion
Stacy, J.,
concurs in tbe result reached by tbe majority that a new trial should be granted for failure of bis Honor, at any time during bis charge, to refer to tbe defendant’s evidence tending to establish an alibi; and further, is of tbe opinion that tbe defendant’s demurrer to tbe evidence and motion for dismissal or for judgment as of nonsuit, made under C. S., 4643, should have been allowed.
It is tbe accepted rule of law, at least in felonies and capital cases, that where tbe State relies for a conviction upon circumstantial evidence alone, tbe facts established or adduced on tbe bearing must be of such a nature and so related to each other as to point unerringly to tbe defendant’s guilt and exclude every rational hypothesis of innocence. S. v. Brackville, 106 N. C., p. 710; S. v. Goodson, 107 N. C., 798 ; S. v. Wilcox, 132 N. C., p. 1139; 23 C. J., 49; 8 R. C. L., 225; Rippey v. Miller, 46 N. C., 479 . Tested by this rule, to my mind, there is no sufficient evidence appearing on tbe record to warrant a conviction of tbe present defendant.