State v. Moses
| Decision Date | 10 October 1934 |
| Docket Number | No. 219.,219. |
| Citation | 207 N.C. 139,176 S.E. 267 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. MOSES. |
Appeal from Superior Court, Wayne County; Parker, Judge.
Allen Moses was convicted of fraudulently setting fire to dwelling house, and he appeals.
No error.
Langston, Allen & Taylor, of Goldsboro, for appellant.
Dennis G. Brummitt, Atty. Gen., and A. A. E. Seawell, Asst. Atty. Gen., for the State.
The bill of indictment charges that the defendant "did unlawfully, wilfully, wantonly and feloniously, being the occupant of a building used as a dwelling house, for a fraudulent purpose, set fire to, burn, caused to be burned, aid, procure the burning of the aforesaid building, " in breach of C. S. § 4245, Pub. Acts 1927, c. 11, § 2.
The assignments of error present the single question as to whether his honor erred in overruling the motion of the defendant to dismiss the action and for judgment of nonsuit, properly made and renewed under C. S. § 4643.
The state's evidence tends to show that about 5:30 o'clock on the evening of the 28th day of January, 1934, the dwelling house owned and occupied by the defendant was partially burned; that when the city firemen arrived at the house in response to an alarm given over the city system, they found the Are burning in a closet in which was a stepladder six or eight feet high, on which a quilt was hanging, which quilt was soaked with kerosene, and on the floor of the closet kindling wood; that the closet had no ceiling and opened at the top into the attic; and that in the attic was a pair of overalls, a jumper, and part of a quilt, all of which smelled of kerosene, and also a bucket containing kerosene and a charred keg containing paper, rags, and cloth which had the odor of kerosene.
That the defendant first gave the alarm of Are to his two children, a daughter and son, who were the only other members of his family in the house at the time, and that the son ran to a nearby fire-alarm box and summoned the fire department which responded immediately and came to the house and extinguished the fire; and that later the defendant stated he did not. use the telephone in the house to give the alarm because he did not think of it; that the defendant some several days after the fire made the remark to an investigating officer of the state, "That it would have been a God's blessing to him if it had burned up."
That the defendant at the time of the fire had $5,500 fire insurance on the building and...
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State v. Brackett
...clothes had been burned. We believe this is evidence from which the jury could conclude the defendant set the fire. See State v. Moses, 207 N.C. 139, 176 S.E. 267 (1934). This is also evidence from which the jury could conclude the defendant acted willfully and wantonly. The defendant acted......
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State v. O'Neal, 8416SC1311
...be sufficient to take the case to the jury, although each single circumstance, when standing alone, is insufficient. State v. Moses, 207 N.C. 139, 176 S.E. 267 (1934); State v. Smith, 34 N.C.App. 671, 239 S.E.2d 610 (1977), dis. rev. denied, 294 N.C. 186, 241 S.E.2d 73 In the case sub judic......
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Fowler-Barham Ford, Inc. v. Indiana Lumbermens Mut. Ins. Co., FOWLER-BARHAM
...strands twisted into a rope, becoming, when united, of much strength. State v. Shines, 125 N.C. 730, 34 S.E. 552." State v. Moses, 207 N.C. 139, 141, 176 S.E. 267, 268 (1934). We find no merit in this assignment of Question No. 2 "Did the trial court err in admitting evidence which tended t......
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State v. Smith
...S.E.2d 68, cert. den., 425 U.S. 971, 96 S.Ct. 2168, 48 L.Ed.2d 794. In summary, we will repeat what was said in State v. Moses, 207 N.C. 139, 141, 176 S.E. 267, 268 (1934): "The State's evidence in this case is sufficient to establish a motive and an opportunity for the defendant to commit ......