State v. Brackville

Citations

• 106 N.C. 701

Syllabus

<p>Homicide — Evidence.</p> <p>The deceased, an aged and helpless man, was taken from his house in the afternoon into the woods and brutally murdered, the body being concealed and not found until the following day. The prisoner, who resided in the same house, was shown to have some feeling against deceased, and to have expressed some vague threats toward him. It also appeared that the prisoner was seen at the house a short time before deceased disappeared, and in the vicinity shortly afterwards, and that the tracks leading to the place of the homicide resembled his. It further appeared that on the evening of the homicide and the day following he was restless and anxious, and expressed a purpose to have the country, but made no effort to do so. There was evidence that other persons were also at deceased’s house shortly before his disappearance, and were in the neighborhood near by that night and following-day: Held. that while this evidence was sufficient to arouse a strong suspicion of prisoner’s guilt, it was not inconsistent with his innocence, and left the matter in such doubt the Court should have instructed the jury to acquit.</p>