State v. . Upton

Clare:, C. J.

The defendant was indicted for murder in the first degree, but when the case was called, and before any jurors were selected, the solicitor announced that he would not ask for a verdict of murder in the first degree, and an entry was made in the record to that effect. It follows that the trial was not for a capital felony. S. v. Hunt, 128 N. C., 584; S. v. Caldwell, 129 N. C., 682.

When the case was called for trial both sides announced themselves in readiness. A jury was selected, sworn, and impaneled. After the solicitor had read the indictment the attention of the court was…