State v. . Bray
Supreme Court of North Carolina
This was an indictment for larceny, with a count for receiving stolen goods, tried before Pool, J., at Spring Term, 1872, of Bertie Superior Court. The case was submitted to the jury at about 11 o’clock A. M., and the prisoner was committed to jail to await the ver diet. About 10 o’clock at night the Sheriff brought the jury to the Judge’s room. His Honor asked them, il they had agreed upou a verdict.
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This was an indictment for larceny, with a count for receiving stolen goods, tried before Pool, J., at Spring Term, 1872, of Bertie Superior Court. The case was submitted to the jury at about 11 o’clock A. M., and the prisoner was committed to jail to await the ver diet. About 10 o’clock at night the Sheriff brought the jury to the Judge’s room. His Honor asked them, il they had agreed upou a verdict. The foreman replied that the jury found the prisoner guilty of receiving stolen goods knowing them to be stolen. Iiis Honor asked the other j urors it such was their verdict; they all replied in…
1Opinion of the CourtBoyden, J.
Whether the verdict, in this case, could have been sustained,had the jury, on the next morning, in court, the prisoners being present, been asked if they had agreed upon a verdict, and they had made the same response as that given to the Judge at his room on the previous evening, it is unnecessary to decide, as the record does not show that either the jury or the prisoners were present when his Honor directed the verdict to be entered.
So that the only question is, whether a verdict in a case which is now subject to punishment in the penitentiary can be sustained, when rendered out of court,…
2Cited by6 opinions
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- State v. . JenkinsSupreme Court of North Carolina · 1881
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