[DOWNLOAD] "North Carolina v. Piland" by Court of Appeals of North Carolina No. 786SC518 # eBook PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Piland
- Author : Court of Appeals of North Carolina No. 786SC518
- Release Date : January 17, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
There were discrepancies and contradictions in the evidence at trial, both for the State and for the defendant. There were matters for the jury to resolve. All of the discrepancies and contradictions, as well as the credibility of the witnesses, were fully explored before the jury and its verdict has resolved them. Defendant seems to suggest that the court must analyze and weigh the evidence and allow her motion to dismiss unless the evidence points unerringly to her guilt and excludes every reasonable hypothesis of her innocence. ""To hold that the court must grant a motion to dismiss unless, in the opinion of the court, the evidence excludes every reasonable hypothesis of innocence would in effect constitute the presiding judge the trier of the facts. Substantial evidence of guilt is required before the court can send the case to the jury. Proof of guilt beyond a reasonable doubt is required before the jury can convict. What is substantial evidence is a question of law for the court. What that evidence proves or fails to prove is a question of fact for the jury."" State v. Stephens, 244 N.C. 380, 383-84, 93 S.E.2d 431, 433-34 (1956).