State v. . White

87 S.E. 984, 171 N.C. 785, 1916 N.C. LEXIS 182

• Court: Supreme Court of North Carolina
• Decided: March 8, 1916
• Status: Published

Opinion

Allen, J.

It has been held by numerous decisions that it is competent for a witness to use a map upon the trial for the purpose of explaining his evidence, and the first exception of the defendants cannot be sustained. S. v. Harrison, 145 N. C., 410; S. v. Rogers, 168 N. C., 112, and the cases cited.

The exception to the charge is equally without merit.

The evidence is not made a part of the case on appeal, but it sufficiently appears from the charge of the court that the matter in dispute before the jury was whether the defendants did the burning, and not whether they burned the barn without the illegal intent.

The defendants did not contend that they accidentally set fire to the building, but they insisted that they were not there and had nothing to do with it, and the case, therefore, falls directly within the ruling in S. v. Millican, 158 N. C., 617.

There is

No error.