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196 N.C. 50

144 S.E 518

State v. . King

Supreme Court of North Carolina

Decided September 19, 1928

Supreme Court of North Carolina · decided 1928-09-19

Cited by 1 later decisions — most recently April 1930

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1928-09-19

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Stacy, C. J.,

¶1 after stating tbe case: Considering tbe evidence in its most favorable light for tbe State, tbe accepted position on a demurrer or motion to nonsuit, we think tbe trial court properly submitted tbe case to tbe jury. S. v. Sigmon, 190 N. C., 684, 130 S. E., 854; S. v. Rountree, 181 N. C., 535, 106 S. E., 669; S. v, Carlson, 171 N. C., 818, 89 S. E., 30; S. v. Oakley, 176 N. C., 755, 97 S. E., 616. Tbe function of tbe court when considering a motion of this kind is, not to pass upon tbe weight of tbe evidence, but to determine its sufficiency to support a verdict. S. v. Utley, 126 N. C., 997, 35 S. E., 428; S. v. Hart, 116 N. C., 976, 20 S. E., 1014.

¶2 Tbe jury was fully warranted in finding that Mary Flossie Williams came to her death as a direct result of tbe injury inflicted by tbe defendant. Tbe case is not like S. v. Everett, 194 N. C., 442, 140 S. E., 22, strongly relied upon by defendant, for in tbe Everett case there was no sufficient evidence of tbe corpus delicti or to show that a crime bad been committed.

¶3 A careful perusal of tbe record leaves us with tbe impression that no error -was committed on tbe trial. Tbe verdict and judgment will be upheld.

¶4 No error.

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