State v. Brackville

• Court: North Carolina Supreme Court
• Writing for the Court: Merrimon
• Citation: State v. Brackville, 106 N.C. 701, 11 S.E. 284 (N.C. 1890)
• Decision Date: 14 April 1890
• Parties: State. v. Brackville.

11 S.E. 284

106 N.C. 701

State.

v.Brackville.

Supreme Court of North Carolina.

April 14, 1890.

Murder—Sufficiency of Evidence.

On a trial for murder, the evidence tended to show that defendant had a motive, though not a strong one, to kill the deceased; that he made indefinite threats against him; that he had opportunity to kill him; and that his tracks were seen by one witness as if he were going from the place where the body of deceased was found towards the house from which it was taken, but neither the tracks nor the feet of the accused were measured, and the witness could not say how she knew they were his. On the night of the homicide, and probably shortly after it was committed, defendant was in company with several other persons, and appeared to be anxious and uneasy, and exclaimed, without apparent cause, "Great God, boys! I'm going to leave this country." He gave no reason for the exclamation, and next morning demanded the wages due him, and seemed anxious, but did not fly. Held, that the evidence was not sufficient to go to the jury.

Appeal from superior court, Richmond county; Shepherd, Judge.

Indictment against John Brackville for homicide. Defendant appeals.

The Attorney General, for the State.

Merrimon, C. J. Competent evidence, sufficient in pertinency and force in some reasonable view of it to be taken by the jury to warrant them in finding a verdict of guilty, must be submitted to them on the trial of the issue of fact raised by the plea of not guilty in a criminal action. Such evidence must be produced, else there cannot be a lawful verdict of guilty. It is the province and duty of the court to determine that such evidence is or is not produced on the trial when any question in that respect is raised. It is the province of the jury to determine when such evidence is so produced that it is true or not true in whole or in part, and its weight and sufficiency or insufficiency to induce them to render a verdict of guilty. What is evidence is a question for the court. "Whether evidence is true or not, and what is its weight, are questions ordinarily for the jury. State v. White, 89 N. C. 462, and the cases there cited; State v. James, 90 N. C. 702; State v. Atkinson, 93 N. C. 519; State v. Powell, 94 N. C. 965. In the present case the evidence produced on the trial was strong, and abundantly sufficient to go to the jury to prove that the deceased was brutally murdered by some person; but in our judgment it was not sufficient to go to them to prove that the prisoner was the guilty party. It tended to show that the prisoner had motive, but not very strong; that he made threats, indefinite, but rather suggestive that he might kill the deceased; that he had opportunity to kill him; that others had like and as great opportunity; that his tracks were seen by one witness as if he were going from the place where the body of the deceased was found, towards the house from which he was taken, but this evidence was not definite or satisfactory. So far as appears, the tracks were not scrutinized; they were not measured; the prisoner's feet were not measured or fitted to the tracks; nor did it appear that his feet were at all peculiar in any respect, nor did the witness say how ...