State v. . Shepherd
This text of 166 S.E. 745 (State v. . Shepherd) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
166 S.E. 745, 203 N.C. 646, 1932 N.C. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-shepherd-nc-1932.