131 N.C. 725
42 S.E 575
Supreme Court of North Carolina
Decided October 28, 1902
Supreme Court of North Carolina · decided 1902-10-28
Indictment against J. L. Freeman, beard by Judge Walter H. Neal and a jury, at May Term, 1902, of the Superior Court of Guileokd County. From a verdict of guilty and judgment thereon, the defendant appealed.
Cited by 2 later decisions — most recently May 1952
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1902-10-28
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¶1 Indictment for burning a barn with livestock, under The Code, Sec. 985 (6). Tbe only evidence against the defendant was- threats made by him, without any evidence whatever connecting him with the execution of said threats, or with the offence charged. The Judge should, as prayed, have withdrawn the case from the jury. State v. Rhodes, 111 N. C., 647, is exactly in point. Indeed, the Attorney-General, witb commendable frankness, conceded as much on the argument here.
¶2 Error.