State v. . Cox
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Moore County, at tlie Spring- Term, 1846, his Honor Judge Dick presiding-. The following facts appear from the report of the case by the presiding Judge and from the record. This was an indictment against the defendant for an assault and battery on one Kenneth Black.
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Appeal from the Superior Court of Law of Moore County, at tlie Spring- Term, 1846, his Honor Judge Dick presiding-. The following facts appear from the report of the case by the presiding Judge and from the record. This was an indictment against the defendant for an assault and battery on one Kenneth Black. The assault and battery were fully proven, but the affair took place on the 10th of November, 1841, and the indictment was not found until the last week in February, 1844, and the defendant’s counsel instituted on his acquittal, upon the ground, that the prosecution had not been commenced…
1Opinion of the CourtNash, J.
The defendant was indicted for an assault and battery. The record shows, that he was convicted by the jury. The case sent up by the presiding Judge however states, “ the cause was committed to the jury, who, by consent, found a special verdict, subject to the opinion of the Court.” What is called a special’ verdict is then set forth, upon which, judgment was rendered for the defendant. Between the record and the case, in stating the verdict, there is obviously a very essential difference — in the one it is general, in the other special, depending upon the opinion of the Court. We have no…
2Cited by10 opinions
- State v. ChildsSupreme Court of North Carolina · 1967
- State v. Sultan.Supreme Court of North Carolina · 1906
- State v. BilboaIdaho Supreme Court · 1923
- Renigar v. United StatesCourt of Appeals for the Fourth Circuit · 1909
- State v. . ShemwellSupreme Court of North Carolina · 1920
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