State v. . Divine
Supreme Court of North Carolina
This was a criminal action, tried before Ciarle, Judge, at January Term, 1887, of RobesoN Superior Court. The prosecution of the defendant commenced by warrant, issued by a justice of the peace of Columbus county, and tried by him, charges the defendant, as Superintendent of the Wilmington, Columbia and Augusta Railroad Company, with a personal criminal responsibility, for the running over and killing two cows, the property of J. C. Powell, the prosecutor, by a train moving…
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This was a criminal action, tried before Ciarle, Judge, at January Term, 1887, of RobesoN Superior Court. The prosecution of the defendant commenced by warrant, issued by a justice of the peace of Columbus county, and tried by him, charges the defendant, as Superintendent of the Wilmington, Columbia and Augusta Railroad Company, with a personal criminal responsibility, for the running over and killing two cows, the property of J. C. Powell, the prosecutor, by a train moving over its track, on May 19th, 1886. The proceeding is instituted under the act of 1880, ch. 13, which is brought forward,…
1Opinion of the Court
Smith, C. J.,
(after stating the case). The special verdict stops without the essential finding, that the accused is or is not guilty, as in the opinion of the Court, upon the recited facts, they constitute or do not constitute .the criminal act charged. The question of the defendant’s guilt is to be decided, under, his plea, alone by the jury in cases requiring a jury, and these include all criminal accusations, except in certain petty misdemeanors, by express provision of the Constitution, Art. I, Sec. 13.
The special verdict, to be sufficient, must find, subject to^ the opinion of the Judge…
2Cases cited3 opinions
- Barbier v. ConnollySupreme Court of the United States · 1885
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
- State v. . PadgettSupreme Court of North Carolina · 1880
3Cited by22 opinions
- State v. GoodwillWest Virginia Supreme Court · 1889
- State v. Barrett.Supreme Court of North Carolina · 1905
- State v. . DixonSupreme Court of North Carolina · 1939
- State v. BuckSupreme Court of Missouri · 1894
- State v. DixonSupreme Court of North Carolina · 1939
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