STATE v. FREEMAN

ARSON — Evidence — Threats — Sufficiency — The Code, Sec. 985, Subsec. 6.

Where the only evidence against a person accused of burning a barn is threats made by him, without any evidence connecting him with the execution of said threats, or with the offense charged, the trial judge should withdraw the case from the jury.

PER CURIAM.

Indictment for burning a barn with live stock, under the Code, sec. 985 (6). The 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 offense charged. The judge should, as prayed, have withdrawn the case from the jury. S. v. Rhodes, 111 N.C. 647, is exactly in point. Indeed the Attorney-General, with commendable frankness, conceded as much on the argument here.

Error.

(726)