State v. Shines

• Decision Date: 09 December 1899
• Citation: 34 S.E. 552,125 N.C. 730
• Court: North Carolina Supreme Court
• Parties: STATE. v. SHINES.

34 S.E. 552

125 N.C. 730

STATE.

v.SHINES.

Supreme Court of North Carolina.

Dec. 9, 1899.

Arson—Circumstantial Evidence—Sufficiency of Evidence.

In a prosecution for setting fire to a barn and stables, evidence that tracks were found, the morning after the burning, leading from around the barn and stables in direction of defendant's house, which came to the road about 50 yards from and opposite to defendant's house; that defendant's shoes were tried, and found to exactly fit said tracks; and further evidence of difficulties between defendant and the owner of the barn and stables a short time prior to the fire, and of threats made by defendant against theowner of the buildings, —is sufficient to warrant submission of defendant's guilt or innocence to the jury.

Faircloth, C. J., dissenting.

Appeal from superior court, Pender county; Timberlake, Judge.

C. Shine's was convicted of setting fire to a barn and stables, and appeals. Affirmed.

L. V. Grady and H. L. Stevens, for appellant.

The Attorney General, for the State.

CLARK, J. The prisoner was convicted of setting fire to a barn and stables. The only exception is to the refusal of a prayer that there was no evidence to justify submitting the case to the jury. It was in evidence that at daylight next morning after the burning tracks were found around the barn and stables, and leading off in the direction of the prisoner's house, which, when followed up, came into the road about 50 yards from and opposite his house; that, going on to the prisoner's house, his shoes, which were a new pair, were taken, and were found to exactly fit the aforesaid tracks around the barn and stable; also that a short time prior thereto the prisoner had had two difficulties with the owner of the barn and stables about different matters, and became very angry; that he said to one witness, shortly before the fire, that he was "mad with Dr. Williams [the owner of the barn and stables], and that he would burn his tail, " and he also said he "would go down to Dr. Williams', and do him up." Other witnesses testified to the same or similar threats shortly before the fire. Also, other witnesses testified to seeing the prisoner's shoes tried in the tracks around the barn and stables, and that they fitted. The prisoner on cross-examination said he saw the light of the fire at Dr. Williams' that night, but did not go out of his house, nor give any alarm. Upon this evidence the judge properly submitted the case to the jury (State v. Green, 117...