State v. . Arrington
Supreme Court of North Carolina
} From Buncombe, J The indictment charged, ‘£ that John Arrington, late of t( the county of Buncombe, on the first day of October, in “ the year of our Lord one thousand eight hundred and •£ eighteen, with force and arms, in the county: of Bun- “ combe aforesaid, one sorrel mare of the value of five “ pounds, of the goods and chattels of James Peck, then “ and there found, did feloniously steal, take and lead “ away, contrary to the statutes in that case made and “ provided,…
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} From Buncombe, J The indictment charged, ‘£ that John Arrington, late of t( the county of Buncombe, on the first day of October, in “ the year of our Lord one thousand eight hundred and •£ eighteen, with force and arms, in the county: of Bun- “ combe aforesaid, one sorrel mare of the value of five “ pounds, of the goods and chattels of James Peck, then “ and there found, did feloniously steal, take and lead “ away, contrary to the statutes in that case made and “ provided, and against the peace and dignity of the “ State.” The Defendant pleaded “ not guilty,” and the Jury, having heard the…
1Opinion of the Court
All these facts were spread upon the record, and the Defendant's counsel insisted that the first finding of the Jury was to be taken as their verdict, and, by that, the Defendant was acquitted. The Court was of a different opinion, and directed the Defendant to be whipped, as the act of Assembly directs. The Defendant appealed to this Court, and the judgment of the Court below was reversed, and the Defendant discharged. When a Jury returns with an informal or insensible verdict, or one that is not responsible to the issues submitted, they may be directed by the Court to reconsider it: but not…
2Cited by18 opinions
- State v. . WhitsonSupreme Court of North Carolina · 1892
- State v. RhinehartSupreme Court of North Carolina · 1966
- State v. . PerrySupreme Court of North Carolina · 1945
- State v. . WhisenantSupreme Court of North Carolina · 1908
- State v. MatthewsSupreme Court of North Carolina · 1950
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