`Intent being a mental attitude, it must ordinarily be proven, if proven at all, by circumstantial evidence, that is, by proving facts from which the fact sought to be proven may be inferred." State v. Murdock, 225 N.C. 224, 226, 34 S.E.2d 69, 70 (1945). See generally Stansbury, N.C. Evidence (Brandis Revision) 83, 257 fn. 78 (1973).
This charge is substantially as approved by this Court in many well-considered opinions. State v. Ferguson, 261 N.C. 558, 135 S.E.2d 626 (1964); State v. Cauley, 244 N.C. 701, 94 S.E.2d 915 (1956); State v. Murdock, 225 N.C. 224, 34 S.E.2d 69 (1945); State v. Oxendine, 224 N.C. 825, 32 S.E.2d 648 (1944). The solicitor and the attorney for the defendant were unable to agree, and it was necessary for the presiding judge to settle the case on appeal. G.S. 1-283. Defendant contends that the court erred in refusing to include in the case on appeal reference to three incidents which occurred during the trial.
The evidence is conflicting but when considered in the light most favorable to the State, as it must be in passing upon such motion, we think it is sufficient to carry the case to the jury. S. v. Johnson, 226 N.C. 671, 40 S.E.2d 113; S. v. Murdock, 225 N.C. 224, 34 S.E.2d 69; S. v. McMahan, 224 N.C. 476, 31 S.E.2d 357; S. v. Andrews, 216 N.C. 574, 6 S.E.2d 35; S. v. Adams, 213 N.C. 243, 195 S.E. 822. In a prosecution for perjury the burden is upon the State to prove beyond a reasonable doubt the falsity of the oath and this must be established by two witnesses or by one witness and adminicular circumstances sufficient to turn the scales against the defendant's oath.
"Intent being a mental attitude, it must ordinarily be proven, if proven at all, by circumstantial evidence, that is, by proving facts from which the fact sought to be proven may be inferred." State v. Murdock, 225 N.C. 224, 226, 34 S.E.2d 69, 70 (1945). This Court has held that an "overt act manifesting a sexual purpose or motivation on the part of the defendant is adequate evidence of an intent to commit rape."
" State v. Gammons, 260 N.C. 753, 756, 133 S.E.2d 649, 651 (1963); accord Bowes v. Bowes, 287 N.C. 163, 173.74, 214 S.E.2d 40, 46 (1975) ("Intent being a mental attitude, it must ordinarily be proven, if proven at all, by circumstantial evidence, that is, by proving facts from which the fact sought to be proven may be inferred.'" (quoting State v. Murdock, 225 N.C. 224, 226, 34 S.E.2d 69, 70 (1945))). This provision was last amended in 1959 — prior to the 1960 deed at issue.
"`Intent being a mental attitude, it must ordinarily be proven, if proven at all, by circumstantial evidence, that is, by proving facts from which the fact sought to be proven may be inferred.'" Bowes, 287 N.C. at 173-74, 214 S.E.2d at 46 (quoting State v. Murdock, 225 N.C. 224, 226, 34 S.E.2d 69, 70 (1945)). In the instant case, although evidence introduced at trial tends to show that defendant earns less as an employee of Bradshaw Motor Group than he earned while employed with Skyland Automotive, no evidence was introduced tending to show that defendant accepted his position at Bradshaw Motor Group with the intent to reduce his income in order to reduce his support obligations.
A defendant's purpose, being a mental attitude, is seldom provable by direct evidence and must ordinarily be proven by inference. See State v. Murdock, 225 N.C. 224, 34 S.E.2d 69 (1945). We have examined the record and find testimony that the acts of which defendant was convicted were of a sexual nature and were performed at his request.
"Intent being a mental attitude, it must ordinarily be proven, if proven at all, by circumstantial evidence, that is, by proving facts from which the fact sought to be proven may be inferred." State v. Murdock, 225 N.C. 224, 226, 34 S.E.2d 69, 70 (1945). The State has proven that the owner who could reasonably have been ascertained was not sought. The bag was found in front of the owner's store, yet the finder boarded a bus and left the area. From all of the circumstances, a felonious intent can be inferred.
Such a motion challenges the sufficiency of the State's evidence for submission to the jury and requires the court to determine whether there is any competent evidence to sustain the allegations of the indictment. State v. Stewart, 292 N.C. 219, 232 S.E.2d 443 (1977); State v. Murdock, 225 N.C. 224, 34 S.E.2d 69 (1945). In making that determination, the court must consider the evidence "in the light most favorable to the State, all contradictions and discrepancies therein must be resolved in its favor and it must be given the benefit of every reasonable inference to be drawn from the evidence."