State v. . Shepherd

166 S.E. 745, 203 N.C. 646, 1932 N.C. LEXIS 60

Opinion

Stacy, C. J.

It is conceded by tbe Attorney-General that error was committed in directing a verdict on conflicting or equivocal evidence. S. v. Singleton, 183 N. C., 738, 110 S. E., 846; S. v. Estes, 185 N. C., 752, 117 S. E., 581. Belief in the defendant’s guilt is not enough. This must be established beyond a reasonable doubt. S. v. Boswell, 194 N. C., 260, 139 S. E., 374.

The defendant also excepts to the form of the judgment, but as a new trial must be awarded for error in the charge, which necessarily vacates the judgment, consideration of this exception is omitted.

New trial.