State v. . Epps
Supreme Court of North Carolina
Criminal Trials — Presence of Prisoner. INDICTMENT for larceny, tried at Eall Term, 1876, of Edge-combe Superior Court, before Moore, J. The jury, under the instructions of the Court, rendered a. verdict of guilty, which was received by the Clerk during-the recess of the Court, in the absence of the prisoner and without any instructions from the Court; whereupon the* counsel for the prisoner moved in arrest of judgment, which, motion was allowed by the Court, and the…
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Criminal Trials — Presence of Prisoner. INDICTMENT for larceny, tried at Eall Term, 1876, of Edge-combe Superior Court, before Moore, J. The jury, under the instructions of the Court, rendered a. verdict of guilty, which was received by the Clerk during-the recess of the Court, in the absence of the prisoner and without any instructions from the Court; whereupon the* counsel for the prisoner moved in arrest of judgment, which, motion was allowed by the Court, and the Solicitor for th& State appealed.
1Opinion of the CourtReads, J.
The rule is, that in a criminal trial, nothing shall be done to the prejudice of the defendant, without hi& presence.
The exception is, that in a criminal trial for a misdemeanor„ the rule may be relaxed, by the consent of the defendant. An- instance of such exception has been, where the Court bakes a recess, the jury, m'ay render its verdict to the Clerk, it having been agreed before the recess by the defendant in the presence of the Court, that so it might be and the Court Raving so instructed the Clerk.
But even this exception, or the like, ought to be sparingly •exercised; because it best…
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