# State v. . Melton

> Supreme Court of North Carolina · April 2, 1924 · 187 N.C. 481

URL: https://www.frixlaw.com/law-library/cases/9811878

## Case

- **Full name:** State v. Lexie Melton.
- **Court:** Supreme Court of North Carolina
- **Decided:** April 2, 1924
- **Citations:** 187 N.C. 481; 122 S.E. 17; 1924 N.C. LEXIS 316
- **Precedential status:** Published
- **Opinion:** Concurrence by Stacy
- **Judges:** Adams, Stacy
- **Cited by:** 31 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9811878

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9811878. Public record. Not legal advice.