State v. . Godwin
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Johnston County, at the Spring- Term, 1845, his Honor Judge Dick presiding. The prisoner was tried for murder; and, upon the return of the jury into court, they were polled at the prisoner’s request. Eleven of them, each for himself, answered simply .that he found the prisoner guilty.
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Appeal from the Superior Court of Law of Johnston County, at the Spring- Term, 1845, his Honor Judge Dick presiding. The prisoner was tried for murder; and, upon the return of the jury into court, they were polled at the prisoner’s request. Eleven of them, each for himself, answered simply .that he found the prisoner guilty. The remaining juror answered, that when the jury first went out he was not for finding the prisoner guilty, but that a majority of the jury was against him, and that he then agreed to the verdict as delivered in by the foreman. He was further asked, “what is your verdict…
1Opinion of the CourtRuffin, C. J.
It is not in the power of this court to look into tfié affidavits, or, at least to act on them. One would . think this must be understood, upon a moment’s reflection on the nature of the jusisdiction of the court. In matters of common law, it is strictly a court of error and can • only review the matters of law. We therefore cannot go out of the record, or pay any regard to affidavits ; for the evidence forms no part of the record. A record is constituted of the pleadings, the acts of the parties in court, and the acts and doings of the jury and court thereon. If .advantage is sought of any…
2Cited by10 opinions
- Cressler v. Asheville.Supreme Court of North Carolina · 1905
- State v. . DegraffenreidSupreme Court of North Carolina · 1944
- Trantham v. Elk Furniture Co.Supreme Court of North Carolina · 1927
- Nolan v. BoulwareCourt of Appeals of North Carolina · 1974
- Sheppard v. AndrewsCourt of Appeals of North Carolina · 1970
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