State v. . Shines

Dec 23, 1899

Versions:125 N.C. 730

34 S.E. 552

1899 N.C. LEXIS 295

*731 ClaRK^ J.

Tbе prisoner was convicted of setting firе to a barn and stables. Tbe only excеption is to tbe refusal of a prayer that there was no evidence to justify submitting tbe case to tbe jury. It was in evidence thаt at daylight next morning, after the burning,tracks were found around tbe bam and stables and leаding off in tbe direction of tbe prisoner’s bouse, which, when followed up, came intо tbe road about fifty yards from and opрosite bis bouse; that going on to tbe prisоner’s bouse, bis shoes, which were a new pair, were taken and were found to еxactly fit tbe aforesaid tracks around tbe bam and stable; also that a short timе prior thereto the prisoner bad bad two difficulties ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍with tbe owner of tbe barn and stables, about different matters, and became very angry; that be said to one witness shоrtly before tbe fire that be was “mad with Dr. Williams (tbe owner of tbe bam and stables), and that be would bum bis tail,” and be also said be “would go dоwn to Dr. Williams’ and -do him up.” Other witnesses testified to tbe same or similar threats shortly before tbe fire; also, other witnesses testified tо seeing the prisoner’s shoes tried in tbe trаcks around tbe barn and stables, and that they fitted. Tbe prisoner, on cross-examination, said be saw tbe light of tbe fire at Dr. Williams’ thаt night, but did not go out of his house, nor give any alarm.

Upon this evidence tbe Judge proрerly ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍submitted tbe case to tbe jury (State v. Green, 117 N. C., 695; State v. Kiger, 115 N. C., 746), subject tо his power to set aside tbe verdict, if tbе Court did not deem tbe verdict was altogether ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍sufficiently supported by tbe evidence, which power tbe Court saw fit not to еxercise.

There was certainly evidence from which an ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍inference of guilt might bе properly drawn.

There are cases of circumstantial evidence in which each circumstance ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍depends upon the truth of tbe preceding one, in *732 which case the evidence may be likened to a chain which is no stronger than its weakest link, but usually that simile is inapplicable. Ordinarily, thé circumstances accumulаte, each one by itself being of no grеat weight, but like the bundle of twigs in the fable, or the several strands twisted into a rope or cable, becoming, when united, of great strength. State v. Christmas, 101 N. C., 749; State v. Powell, 94 N. C., 965; State v. Mitchell, 89 N. C., 521; State v. Wilson, 76 N. C., 120; State v. Thompson, 97 N. C., 496. In State v. Rhodes, 113 N. C., 647, there was no evidence against the defendant except threats.

No error.

Eaibcloth, 0. J., dissents.