¶1concurring. I concur in the opinion of the Court that there is no evidence inconsistent with the inno-*693cenee of tbe defendant. I do not mean to intimate that the Court either here or below can pass upon the weight of the evidence, or can in any event direct an affirmative verdict. Spruill v. Ins. Co., 120 N. C., 141.
136 N.C. 684
State v. Smith
Supreme Court of North Carolina
Decided December 20, 1904
Supreme Court of North Carolina · decided 1904-12-20
INDICTMENT against Sam Smith, heard by Judge G. W. Ward and a jury, at October Term, 1904, of the Superior Court of Rladen County. The defendant was convicted of assault with intent to commit rape and sentenced to imprisonment in the State’s Prison for five years. The testimony of the prosecutrix was: “I know the defendant; he came into the cotton patch when I was at work last summer.
Decided 1904-12-20