191 S.E. 334 | N.C. | 1937
This is a criminal action in which the defendants were tried on a warrant charging them with fornication and adultery.
From judgment on their conviction, both defendants appealed to the Supreme Court, assigning as error the refusal of the trial court to allow their motions for judgment as of nonsuit at the close of the evidence for the State. Where the evidence for the State at the trial of a criminal action in which the defendants are charged with fornication and adultery, shows no more than that the defendants had opportunities to commit the crime, as in the instant case, on motion of the defendants, the action should be dismissed, and a verdict of not guilty entered. C. S., 4643.
The principle applicable to the evidence in this case is stated byWalker, J., in S. v. Prince,
The judgment in this case is reversed to the end that a verdict of not guilty may be entered as provided by statute.
Reversed. *637