State v. . Curtis
Supreme Court of North Carolina
IndiotmbNT, robbery from the person, tried at the Spring Term, 1874, of Caswell Superior Court before his; Honor, Judge Tourgee. On the trial below the jury returned the following special verdict: “ That the defendant with one Buck Brandon went to the store of the prosecutor, in company with four others, at 6 o’clock and 30 minutes, December 25th, 1873 ; that Brandon had a double barrel gun, which he set behind the door in the store room.
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IndiotmbNT, robbery from the person, tried at the Spring Term, 1874, of Caswell Superior Court before his; Honor, Judge Tourgee. On the trial below the jury returned the following special verdict: “ That the defendant with one Buck Brandon went to the store of the prosecutor, in company with four others, at 6 o’clock and 30 minutes, December 25th, 1873 ; that Brandon had a double barrel gun, which he set behind the door in the store room. “ That soon after the other four men left the store. Brandon then caught the prosecutor abont the body and arms, while the defendant rifled the cash drawer…
1Opinion of the CourtEeade, J.
If a special verdict find facts of an unequivical character, the Court can declare the guilt or innocence of the defendant as a question of law, but if the facts found are equivocal, may mean one thing or another, then the Court cannot determino as a question of law the guilt or innocence of the defendant. Eor example: the jury find that the defendant rudely and of purpose ran against the prosecutor and pushed him down. The Court would have no difficulty in deciding that to be an assault and battery. And so if the jury find that the defendant accidentally stumbled and ran against the…
2Cited by12 opinions
- State v. LawrenceSupreme Court of North Carolina · 1964
- State v. SprattSupreme Court of North Carolina · 1965
- State v. BrownSupreme Court of North Carolina · 1980
- State v. . BlueSupreme Court of North Carolina · 1881
- State v. . BraySupreme Court of North Carolina · 1883
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