State v. Bradshaw, 182 N.C. 769 (1921)

Oct. 26, 1921 · Supreme Court of North Carolina

182 N.C. 769

STATE v. CLEM BRADSHAW.

(Filed 26 October, 1921.)

Appeal and Error — Criminal Law — Prostitution—Evidence—Motions— Nonsuit — Statutes.

On this appeal from conviction for the defendant’s having engaged in immoral prostitution and unlawfully using a building for like purpose in violation of C. S., 4357 et seq., the judgment is reversed for the lack of evidence to justify the verdict, and the defendant’s motion for judgment as of nonsuit under the Mason Act, ch. 73, Laws 1913,-should have been granted.

Appeal by defendant from Horton, J., at June Special Term, 1921, of ALAMANCE.

Criminal prosecution, tried upon an indictment charging the defendant with having engaged in immoral prostitution, and unlawfully using a building for like purpose, in violation of the statute.

Tbe defendant offered no evidence, but moved to dismiss tbe action or for judgment as of nonsuit under tbe Mason Act, chapter 73, Public Laws 1913. Motion overruled, and defendant excepted.

From a verdict of guilty, and judgment of 9 months on tbe roads pronounced thereon, tbe defendant appealed.

Attorney-General Manning and Assistant Attorney-General Nash for the State.

No brief filed on behalf of defendant.

Feu Cueiam.

Tbe following is tbe whole of tbe State’s brief:

“Tbe defendant was tried and convicted at tbe June Term, 1921, of tbe Alamance Superior Court, Hon. J. Lloyd Horton presiding, of prostitution as defined in sections 4357 et seq., of tbe Consolidated Statutes.

“Without analyzing tbe evidence, we think it is not sufficient to justify tbe verdict. It does not, we submit, bring defendant within tbe plain definition of prostitution or of assignation as contained in section 4357.”

For tbe reasons assigned by tbe Attorney-General, we think tbe defendant’s motion for judgment as of nonsuit should have been allowed.

Reversed.