State v. . Moore
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Beaufort County, at the Spring Term, 1847, his Honor Judge Pearson, presiding. The prisoner was indicted for stealing two barrels oí turpentine, the property of Frederick Grist. The record states bis plea of not guilty, and his trial by a Jury who1 found him not guilty, and judgment given thereon for him; and then sets forth an appeal therefrom by the Solicitor, for the State.
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Appeal from the Superior Court of Law of Beaufort County, at the Spring Term, 1847, his Honor Judge Pearson, presiding. The prisoner was indicted for stealing two barrels oí turpentine, the property of Frederick Grist. The record states bis plea of not guilty, and his trial by a Jury who1 found him not guilty, and judgment given thereon for him; and then sets forth an appeal therefrom by the Solicitor, for the State. In an exception annexed to the record, however, it is stated, that the jury found a special verdict to the effect, that Grist owned a tract of land on which certain pine trees…
1Opinion of the CourtRuffin, C. J.
It may have been the purpose- of the appeal to get the opinion of the Court, , upon the questions raised in the special verdict, which the exception states to have been giyen. But they are not open in the State, in which the case is brought up. A special verdict is in itself a verdict of guilty or not guilty, as the facts found in it do or do not constitute in lavv the offence charged. There is nothing to do on it, but to write a judgment thereon for, or against the accused : that is, upon the supposition, that the Court deems the verdict, as found, to be sustained by the evidence. A judgment…
2Cited by7 opinions
- State v. . RevisSupreme Court of North Carolina · 1927
- State v. EllisSupreme Court of North Carolina · 1964
- State v. . GillikinSupreme Court of North Carolina · 1894
- State v. . WinstonSupreme Court of North Carolina · 1927
- State v. . BarkleySupreme Court of North Carolina · 1926
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