Supreme Court of North Carolina, 1928

State v. . Tuttle

State v. . Tuttle
Supreme Court of North Carolina · Decided December 12, 1928 · PER CURIAM.
146 S.E. 6; 196 N.C. 385; 1928 N.C. LEXIS 383 (South Eastern Reporter)

State v. . Tuttle

Opinion of the Court

Pee Cueiam.

The three defendants were convicted of violating the law against the manufacture, etc., of intoxicating liquors.

The defendant, Rufus Merritt, was sentenced by the court below and did not. appeal. The Tuttles introduced no evidence in the court below, and at the conclusion of the State’s evidence, demurred .to the evidence and moved to .dismiss the action or for judgment of nonsuit. C. S., 4643.

The appeal presents the sole question as to the sufficiency of the State’s evidence to support the verdict. The evidence was wholly circumstantial. As to the identity of the Tuttles, it was merely, suspicion and conjecture. . ' '

After a thorough and careful examination of the evidence, as appears in the record, we are of the opinion that it is not sufficient to support the verdict and judgment thereon. The judgment of the court below is

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.