Indictment for burning a barn with livestock, under The Code, Sec. 985 (6). Tbe only evidence against the defendant was- threats made by him, without any evidence whatever connecting him with the execution of said threats, or with the offence charged. The Judge should, as prayed, have withdrawn the case from the jury. State v. Rhodes, 111 N. C., 647, is exactly in point. Indeed, the Attorney-General, witb commendable frankness, conceded as much on the argument here.

Error.