State v. . Bray
Supreme Court of North Carolina
INDICTMENT for larceny tried at Fall Terra, 1883, of ORANGE Superior Court, before MacRae, J. The jury found a special verdict, in substance as follows: George Piper, the prosecutor, was the owner of the piece of mutton alleged to have been stolen by the defendant, and the defendant came to his wagon in the town of Hillsboro and took up the mutton, saying it was for Mrs. Webb, “I will take it to her and be back with the money in five minutes.”
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INDICTMENT for larceny tried at Fall Terra, 1883, of ORANGE Superior Court, before MacRae, J. The jury found a special verdict, in substance as follows: George Piper, the prosecutor, was the owner of the piece of mutton alleged to have been stolen by the defendant, and the defendant came to his wagon in the town of Hillsboro and took up the mutton, saying it was for Mrs. Webb, “I will take it to her and be back with the money in five minutes.” He went off with it; did not carry it to Mrs. Webb, but converted it to his own use; did not bring’ back the money,.nor pay for the mutton. Mrs. Webb…
1Opinion of the Court
Mérrimos, J.
The special verdict in this case is defective in a material respect, and the court is, therefore, unable to determine, upon the facts found, whether in law the offence charged in the indictment was committed or not.
In every special verdict, the jury must find all the facts essential to constitute the offence charged in the indictment. The court cannot supply facts, nor draw inferences from evidence set forth in the verdict: it must say upon the facts found that in law they constitute or do not constitute the offence charged, and thereupon the verdict of the jury is entered in…
2Cases cited3 opinions
- State v. . BlueSupreme Court of North Carolina · 1881
- State v. . CurtisSupreme Court of North Carolina · 1874
- State v. . LowrySupreme Court of North Carolina · 1876
3Cited by17 opinions
- State v. . MorrisSupreme Court of North Carolina · 1889
- State v. BloodworthSupreme Court of North Carolina · 1886
- State v. . OakleySupreme Court of North Carolina · 1889
- State v. . StewartSupreme Court of North Carolina · 1884
- State v. HannerSupreme Court of North Carolina · 1907
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