State v. Green

• Decision Date: 22 October 1895
• Citation: 23 S.E. 98,117 N.C. 695
• Court: North Carolina Supreme Court
• Parties: STATE v. GREEN.

23 S.E. 98

117 N.C. 695

STATE

v.GREEN.

Supreme Court of North Carolina.

Oct. 22, 1895.

Criminal Law—Withdrawing Case prom Jury.

It is only when no aspect of the evidence would reasonably warrant the jury in making the inference that defendant is guilty that the case should be withdrawn from the jury.

Appeal from superior court, Craven county; Bryan, Judge.

Burt Green was convicted of larceny, and appeals. Affirmed.

J. W. Kirkman testified that on a Sunday in February, 1895, he missed a hog. It was taken Saturday night. Was a spotted hog, and would weigh about 40 pounds, if killed and cleaned. Fed his hogs in a pen in his field on Saturday night Saw some blood in Dixon's field. Saw more blood near the pen. There was blood on and at the pen where the hog had been killed. Together with one Cannon, they tracked blood down the road to a house occupied by the defendant and his mother. Defendant lived with his mother. "Defendant was called to the door, and both defendant and his mother came to the door. She said we could come in and search. Wesearched the woods until about 12 o'clock. Several neighbors came and searched. Back of the house occupied by defendant and his mother we found a tow sack hid in some bushes, containing the entrails of a freshly-killed hog. We took this to the house. The mother of defendant said that she knew nothing about it. Defendant was present-Search was then made in front of the house again, and we found concealed in a marshy place—a whortleberry pond—hog meat, freshly killed, badly cut up, and badly cleaned, hair on outside of meat. Could tell it was a spotted hog, and would weigh about 40 pounds. My hog was marked. The ears had been cut off this hog. We then left the meat where we found it, and just before night" William Kirkman and witness went back, and concealed themselves close to the meat After a while, in the night, they heard some one coming. It was the defendant. He went to the meat, and started to pick it up. Witness told him, "Hold on; don't run!" "He was then carried back to the house occupied by defendant and his mother. Told her we had found the meat. She said she was sorry for it, She then said, 'That is what boys get by being in bad company.' Defendant was present." The state rested, and defendant offered no testimony, but requested the court to charge the jury that the evidence was not sufficient to convict. The court declined, but submitted the case to the jury upon the whole evidence. There was no exception to the charge, except the refusal to charge the jury that the evidence was not sufficient to convict. Verdict of guilty; judgment; appeal by defendant.

L. J. Moore, for appellant

The Attorney General, for the State.

CLARK, J. The prosecutor lost a spotted hog, with marked ears, and weighing about 40 pounds, from his pen, on which blood was...