As to the motion for a nonsuit, the refusal of which is the basis of exceptions Nos. 1 and 4: ¥e must construe the evidence most favorably to the State, in passing upon such a motion, is the invariable rule of the law. Lynch v. Dewey, 175 N. C., 152. It is obvious from the above short recapitulation of the evidence that the defendant was the only person who had any motive for setting fire to this store and the goods. It also appears that he had an opportunity to set fire to them, when he returned to the store alone. It is obvious, also, from the use of kerosene oil, that the goods were purposely set fire to and not accidentally burned. This evidence was amply sufficient to carry the case to the jury upon the defendant’s guilt or innocence, and if his own testimony, and that of his wife, should be believed, or accepted as true, he did not set fire to the goods. The motion for a nonsuit, therefore, was properly denied, as there was raised a clear issue of fact, which the jury was properly required to pass upon. The jury did pass upon it, and as their verdict, they found him guilty. Prom the judgment thereon he appealed.
Exception 2: The defendant H. D. Edmonds began business in his own name on 8 August, 1919. The business, however, was incorporated 1 January, 1920, as the TI. D. Edmonds Clothing Company, with H. D. Edmonds manager of it. After the fire, the concern was forced into bankruptcy. The defendant was being cross-examined by the solicitor with reference to this bankruptcy, and with a view of impeaching him, when he asked him: “What went with all that stock of goods from *72514 April until September?” The defendant objected, but the court admitted the answer for the purpose of impeaching the witness only. Witness’s answer was: “Well, I don’t know; couldn’t tell you exactly what went with it. All I got hold of (which was the company’s money), I deposited in the Farmers Bank and checked it out to pay my creditors.” This question was entirely proper in the cross-examination for the purpose of impeaching the witness.
Exception 3: B. A. Manion, clerk for the Edmonds Clothing Company, was being examined. It appeared that an extra policy of insurance amounting to $2,500 had been taken out on 15 March, 1920. Benbow Jones was the agent of the company which issued this policy. On Manion’s direct examination he was asked by defendant’s counsel: “What did the man who brought that policy there say about it?” The State objected, and the objection was sustained. Benbow Jones had not at that time been upon the stand, so this evidence was not admissible as corroborating him. It was simply a declaration by a third party, and no part of the res gestee. The defendant afterwards placed Benbow Jones on the stand, who testified fully in regard to this policy. This cured the error, if any.
Exception 5 was to a part of the judge’s charge in which he was stating a contention of the State. It is clearj we think, that in the state of the record this exception is not tenable. It was certainly founded upon evidence that appeared in the cause.
There was ample evidence from which the State might reasonably argue, and the jury find, that Edmonds was the last man in the store that night before the fire broke out, and there was no evidence that there had been any entrance into the building that night by any one, but Edmonds and his clerk, though there was evidence that Edmonds showed J. J. Gofer, and perhaps others, where some person trying to enter the store through the basement, had drawn the screws from the hinges of a door, through which one could go up from the store-room, which is in the basement, but the witness Gofer testified that you could not open the door by removing the hinges, because when the door was closed they were on the inside. Defendant told the witness Fred Lindsay, a traveling salesman who sold to him, that he had between $25,000 and $30,000 worth of goods in the store a short time before the fire. Lindsay was of the opinion, as he testified, that there was not more than between $5,000 and $10,000, and he would not give more than $5,000 for the goods if he were buying them. The policemen testified that the building was entirely closed at all doors and windows when they answered the alarm for fire, and reached the same, and that no one could enter it without breaking in, and there was no evidence of any breaking, or attempt to break in, if we omit the trivial circumstances as to the door *726in tbe basement, which may have been, and likely was, but a preparation by Edmonds himself for some apparently reasonable explanation that he even then thought would be necessary to allay suspicion which would certainly rest upon him. There are numerous other circumstances, more or less cogent and convincing as evidence, that Edmonds is the guilty perpetrator of this nefarious attempt to cheat and defraud the insurance companies, and thereby get money to pay his large indebtedness, defray expenses, and cover heavy impending losses, he evidently being very much embarrassed by pressing debts and liabilities at the time, and in his haste he did not stop to calculate the destruction of his own property, or that in which he was largely interested, and the consequent risk he was taking in burning all adjoining property and eventually starting a conflagration which would likely have imperiled the entire city of Winston, and involve it in an appalling catastrophe, which we cannot contemplate except with undisguised horror and the severest condemnation for the cold, calculating, and reckless commission of crime, fraught with such disastrous consequences, and which threatened to entail so much destruction and such untold losses on the community, and the proud and rejoicing city, then in the act of celebrating the greatest event of its history, and he cared not, if, as once said, “among its proud arches the fires of ruin glowed.” He took advantage of such an occasion to apply the torch to his own, and thus kindle the fires of destruction, in that beautiful and prosperous city, so that while others might suffer enormously, he could pay his debts and perhaps have something left. He looked upon the insurance money with a covetous and even avaricious eye. So great was the crime thus charged against the defendant, and so heinous, that we should be very careful to examine the evidence with the utmost scrutiny, but after doing so, we find that the proof of guilt is so strong and convincing, not to say conclusive, that it would be impossible to think, with seriousness, of dismissing the prosecution, which is asked to be done. The prisoner had the motive to commit the offense, because of the large stock of goods he pretended to have, and upon which, if they were destroyed by fire, he expected to realize handsomely. When told of the kerosene oil, he could not explain its presence, but dropped his head in token of his conscious guilt.
The prisoner was a large stockholder in the company, and had, therefore, a considerable interest in its general affairs, and especially in its stock of goods. His .motive in burning it is, therefore, apparent. Motive is not always necessary to be proved, but if often, as it is in this case, evidence of guilt, as it tends to §how the identity of the person who committed the crime.
Motive is not an indispensable, and not even an essential, element of this crime, but even when this is so, the existence of a motive may be *727evidence to show the degree of the crime or to establish the identity of the person as the culprit, S. v. Adams, 138 N. C., 688; S. v. Wilcox, 132 N. C., 1143; S. v. Adams, 136 N. C., 620, but it is bardly required to sbow any motive bere, as the other evidence of the prisoner’s guilt is so very conclusive.
Exception number three, as to tbe Manion insurance policy. Tbe evidence concerning this policy was insignificant, as compared with tbe other overwhelming proof, and may be left out of consideration without in tbe least impairing tbe strength of tbe other evidence against tbe prisoner.
Exception number five is also without any force or merit. It is tbe old and time-worn objection we so often meet with, and which is that tbe judge did not state the contentions correctly. If be did fail in this respect, be should have been requested to correct tbe error. Tbe traveling salesman, who sold goods often to tbe prisoner, testified that, while be stated that be bad $25,000 or $30,000 of insurance, be (tbe witness) did not think bis stock was worth more than “near $5,000,” a great disparity in tbe true value and tbe insurance.
There was clearly no error, and we must decline to change tbe judgment.
No error.