State v. . Church

163 S.E. 874, 202 N.C. 692, 1932 N.C. LEXIS 190

• Court: Supreme Court of North Carolina
• Decided: May 4, 1932
• Status: Published

Opinion

Stacy, C. J.

We agree with the learned counsel for the defendant that error was committed in connection with the testimony relative to the action of the bloodhounds (S. v. McLeod, 196 N. C., 542, 146 S. E., 409) ; and further that, upon the whole case, the evidence was not sufficient to be submitted to the jury on the charge of house-burning.

To show that the store was destroyed by fire, without establishing its felonious origin, or the identity of the defendant, or circumstances from which these facts might reasonably be inferred, falls short of proving the corpus delicti of the crime as charged in the bill of indictment. 7 R. C. L., 774. Hence, the motion for judgment of nonsuit should have been allowed. It will be sustained here as provided by C. S., 4643.

Reversed.