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The evidence in this case was circumstantial, and the defendants except to the instructions of his Honor on the ground that he failed "to lay down to the jury, as a rule of law, that the strength of circumstantial evidence must be equal to the strength of the testimony of one credible eye-witness." This very point was raised in S. v. Norwood,
74 N.C. 247 , and overruled by the Court. This ruling is referred to and approved in S.v. Gee,92 N.C. 756 , and cannot be regarded as an open question in this State. His Honor's charge as to the intensity of proof is well sustained by the foregoing authorities.No error.
Cited: S. v. Trull,
169 N.C. 367 . *Page 518
Document Info
Citation Numbers: 20 S.E. 469, 115 N.C. 743
Judges: Shepherd
Filed Date: 9/5/1894
Precedential Status: Precedential
Modified Date: 10/19/2024