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
The verdict first brought in by the Jury, was, "Not guilty of the felony and horse-stealing, but guilty of a trespass." Had this verdict been so recorded, the judgment would have been arrested; the rule being, that a Defendant cannot be found guilty of a misdemeanor, on an indictment for felony. The verdict actually found would then have had the effect of an acquittal. It is laid (573) down in ancient books of authority, that if the Jury, through mistake or evident partiality, deliver an improper verdict, the Court may, before it is recorded, desire them to reconsider it; and a case is quoted…
2Cases cited7 opinions
- State v. . WhitsonSupreme Court of North Carolina · 1892
- State v. . WhitakerSupreme Court of North Carolina · 1883
- State v. Godwin.Supreme Court of North Carolina · 1905
- State v. . WhisenantSupreme Court of North Carolina · 1908
- State v. . NorwoodSupreme Court of North Carolina · 1876
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