State v. . Bridgers

19 S.E. 607, 114 N.C. 868

• Court: Supreme Court of North Carolina
• Decided: February 5, 1894
• Status: Published

Opinion

MacRae, J.:

We do not think there was evidence sufficient to warrant the conviction of the defendant. There was no positive testimony that any goods were taken from the prosecutor; indeed the witness expressly testified that he did not know wdiether he had lost any mule shoes at all, or how many he had before the defendant entered his store, or how many he had afterwards. The testimony of this witness that, he suspected the defendant is of no force. The jury must be governed by the evidence of the facts upon which the suspicion was based, and not by the suspicion itself. A conjecture or a suspicion might arise unfavorable to the defendant, but evidence only sufficient for this purpose is not legal evidence. Unless this evidence, purely circumstantial in its nature, was of such character as to warrant a reasonable conclusion of the guilt of tb,e defendant, it ought not to have been submitted - to the jury. State v. Bruce, 106 N. C., 792. The defendant attempted to account for his possession of the shoes. Tf his statement had been contradicted there would have been a circumstance against him, but the State offered a witness for the purpose who failed to contradict him. Indeed, his testimony left it not unreasonable to presume that the defendant might have procured them at another place.. Taking the testimony as a whole, it was only sufficient to raise a conjecture or suspicion, and did not reach the dignity of legal evidence. There must be a New Trial.