Opinion

State v. . Melton

  • 187 N.C. 481
  • 122 S.E. 17
  • 1924 N.C. LEXIS 316
Court
Supreme Court of North Carolina
Filed
Apr 2, 1924
Status
Published
Author
Stacy
On the bench
Adams, Stacy
Cited by
31 cases
Authority
More cited than 11.8%

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.