State v. . Carson

20 S.E. 469, 115 N.C. 743

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

Opinion

Shepherd, C. J.:

The evidence in this case was circumstantial, and the defendants except to the instructions of his Plonor on the ground that he failed “to lay down to the jury, as a rule of law, that the strength of circumstantial evidence must be equal to the strength of the testimony of one credible eye-witness.” This very point was raised in State v. Norwood, 74 N. C., 247, and overruled by the Court. This ruling is referred to and approved in State v. Gee, 92 N. C., 756, and cannot be regarded as an open question in this State. His Honor’s charge as to the intensity of proof, is well sustained by the foregoing authorities.

Affirmed.