State v. . Delk

From the finding of the jury there was an acquittal of the defendant on the charge of larceny of the $63.75 in money.

In S. v. Fisher, 162 N. C., 550 (553), speaking to the subject, we find: “It is conceded, as we understand, that the special verdict was returned upon the second count, and there is no verdict upon the first count. It was held in S. v. Taylor, 84 N. C., 773, that 'where the jury find a defendant guilty of one count, and say nothing in their verdict concerning other counts, it will be equivalent to a verdict of acquittal as to them.’ ” S. v. Hampton, 210 N. C., 283 (284).

At tbe…