State v. . Bridgers

Citations

• 19 S.E. 607
• 114 N.C. 868

Syllabus

<p>Larceny — Sufficiency of Evidence.</p> <p>1. Evidence which only raises a conjecture or suspicion of the gnilt of one charged with an offence, but does not warrant a reasonable conclusion of his guilt, ought not to be submitted to the jury.</p> <p>2. Where, on a trial for larceny, the prosecuting witness testified that, on liis refusing to sell the defendant any mule shoes on credit, defendant sat down on a keg containing some, and after rattling the shoes for a while with his hand went out of the store with his right hand in his pocket; that he, the witness, suspected defendant of taking some shoes, but did not know whether any were taken or not; and defendant testified that he bought miule shoes which were soon afterwards found in Ms possession from one M., who testified that he did. not remember selling them to the defendant, but might have done so, as there were many people about his store that day: Held, that the evidence raised only a conjecture or suspicion of defendant’s gnilt, and did not reach the dignity of legal evidence.</p>