Supreme Court of North Carolina, 1942

State v. Cromer

Supreme Court of North Carolina · Decided September 23, 1942 · Barnhill

222 N.C. 35

Cases that cite this one

1 later published case cites this decision.

State v. Fulk (N.C. 1950)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Barnhill, J.

The evidence discloses that tracks of the defendant were found at the scene of the fire and that there was ill feeling between the parties. Just when the tracks were made is not disclosed. Whether the defendant passed by the barn just prior to or several hours before the fire does not appear. Nor is there any evidence tending to show the origin or cause of the fire. All the other circumstances are entirely consistent with the innocence of the defendant. It follows that there is *37no evidence that the fire was of incendiary origin and no suifieient testimony tending to incriminate the defendant. Hence, this prosecution is not substantially distinguishable from that in S. v. Jones, 215 N. C., 660, 2 S. E. (2d), 867. The opinion in that case, as supported by the cited cases, is controlling.

The judgment below is

Eeversed.

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