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State v. . Utley

35 S.E. 428, 126 N.C. 997, 1900 N.C. LEXIS 349
Supreme Court of North Carolina·Decided March 20, 1900·Published·Cited by 27 cases

Opinion

Faircloth, C. J.

The defendant is indicted for attempting to poison another by placing phosphorus and a poisonous substance in a coffee pot. After the conviction the defendant moved for an arrest of judgment, because the bill did not charge that the defendant had knowledge of the deadly character* of the substance alleged to b-ei poisonous. This averment was held not to be essential in State v. Slagle, 88 N. C., 630.

The defendant also asked his Honor to instruct the jury .to render a verdict of not guilty on the ground that there was not sufficient evidence to submit to the jury, which prayer was overruled. We have carefully read the evidence, and think that there was evidence to go to the jury. The weight of the evidence and the credibility of the witnesses were for the jury to consider, and not the Court.

Affirmed.

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State v. . Utley, 35 S.E. 428, 126 N.C. 997, 1900 N.C. LEXIS 349 (N.C. 1900).

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