It is vrcll settled law, that the court must decide what is evidence, and whether there is any evidence to be submitted to the jury, pertinent to an issue submitted to them. It is as well settled, that if there is evidence to be submitted, the jury must determine its weight and effect. This, however, does not imply that the court must submit a scintilla — very slight evi-*465(lence; on the contrary, it must be such as, in the judgment of the court, would reasonably warrant the jury in finding a verdict upon the issue submitted, affirmatively or negatively, accordingly as they might view it in one light or another, and give it more or less w'eight, or .none at all. In a case like the present one, the evidence ought to be such as, if the whole were taken together and substantially as true, the jury might reasonably find the defendant guilty.
A single isolated fact or circumstance might be no evidence, not even a scintilla; two, three or more, taken together, might not make evidence in the eye of the law, but a multitude of slight facts and circumstances, taken together as true, might become (make) evidence that would warrant a jury in finding a-verdict of guilty in cases of the most serious moment. The court must be the judge as to when such a combination of facts and circumstances reveal the dignity of evidence, and it must judge of the pertinency and relevancy of the facts and circumstances going to make up such evidence. The court cannot, however, decide that they are true or false; this is for the jury; but it must decide that, all together, they make some evidence, to be submitted to the jury; and they must be such, in a case like the present, as would, if the jury believed the same, reasonably warrant them in finding a verdict of guilty. Cobb v. Fogalman, 1 Ired., 440; State v. Vinson, 63 N. C., 335; Wittkowsky v. Wasson, 71 N. C., 451; State v. Massey, 86 N. C., 658; Imp. Co. v. Munson, 14 Wall., 442; Pleasants v. Fonts, 22 Wall., 120.
In this case, there is, in our judgment, evidence to be submitted to the jury. The facts and circumstances of the case, as stated in the record, taken all together, were such as, if true, and the jury believed them to be true, would reasonably warrant them in finding a verdict of guilty. The facts were pertinent and relevant, and each tended to prove the allegation contained in the indictment, and, taken all together, they constitute some evidence to be submitted to the jury.
*466The fact that the witnesses, residing in the immediate neighborhood of the defendant, each had lost hogs, as testified to by them, was pertinent; it tended materially, if true, in connection Avith the other facts in evidence, to establish the guilt of the defendant.
The court, in respect to the possession of the.pork, substantially told the jury that the possession thereof did not raise a presumption against the defendant, unless it was so recent after the alleged larceny as excluded the opportunity of others to steal the property. It was fairly, indeed favorably, for the defendant, left to the jury to find whether the possession of the property was recent or otherwise. The exceptions to the charge cannot be sustained, and having carefully examined the whole record, we are of the opinion that the judgment 'of the court below must be affirmed.
No error. Affirmed.