Dobson v. State
Dobson v. State
Opinion of the Court
delivered the opinion of the court.
The verdict should have been promptly set aside; indeed the jury might properly have been directed by the court to give a verdict of not guilty. There is no evidence tending to show the guilt of the defendant, and no such a verdict should be allowed to stand. An important factor, influential in determining this court not to disturb verdicts, where there is evidence to sustain them is, that the circuit judge sanctions the verdict by refusing to set it aside, and the presiding judge, while using due caution not to set his opinion against that of the twelve men in the jury-box, in case of disputed facts and discordant witnesses, should not hesitate to set aside any verdict which is not supported by evidence.
Reversed and remanded.
Reference
- Full Case Name
- Robert Dobson v. State
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Criminal Law. Altering marie of animal. Insufficiency of evidence. A conviction for tlie statutory offense of altering the mark of an animal will not be warranted upon evidence merely that a sheep belonging to the prosecutor was found in the open- woods, between his house and defendant’s, with its mark altered to that of tlie accused. A verdiot of guilty upon such evidence should have been promptly set aside. 2. Verdict. Setting aside. Evidence insufficient. While the trial judge should use due caution not to set his opinion against that of the jury, he should not hesitate to set aside any verdict not supported by evidence.