¶1 It is conceded by tbe Attorney-General that error was committed in directing a verdict on conflicting or equivocal evidence. S. v. Singleton, 183 N. C., 738, 110 S. E., 846; S. v. Estes, 185 N. C., 752, 117 S. E., 581. Belief in the defendant’s guilt is not enough. This must be established beyond a reasonable doubt. S. v. Boswell, 194 N. C., 260, 139 S. E., 374.
¶2 The defendant also excepts to the form of the judgment, but as a new trial must be awarded for error in the charge, which necessarily vacates the judgment, consideration of this exception is omitted.
¶3 New trial.