State v. Stone

The court instructed the jury that if they found from the evidence beyond a reasonable doubt that the defendant was guilty of operating a motor vehicle upon said public street on 13 July, 1956, while under the influence of intoxicating liquor, and further that this was defendant’s third offense, their verdict would be “Guilty as charged”; but if they failed to so find from the evidence beyond a reasonable doubt their verdict would be “Not Guilty.” No other verdict was permissible under the instructions.

G.S. 20-138 provides: “It shall be unlawful and punishable, as provided in sec. 20-179, for…