State v. . Riley
Supreme Court of North Carolina
Criminal action, commenced by warrant issued by and returnable before a Justice of the Peace, against the defendant for selling spirituous liquors contrary to the provisions of section 2740 of The Code, and tried, on appeal, before Bryan, J., and a jury, at March Term, 1893, of Orangk Superior Court.
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Criminal action, commenced by warrant issued by and returnable before a Justice of the Peace, against the defendant for selling spirituous liquors contrary to the provisions of section 2740 of The Code, and tried, on appeal, before Bryan, J., and a jury, at March Term, 1893, of Orangk Superior Court. After the close of the evidence for the State (the defendant having introduced none), his Honor instructed the jury that if they believed the evidence, the defendant was guilty, and directed the Clerk to enter a verdict of guilty, which was done. From the refusal of a new trial upon the ground…
1Opinion of the Court
Clark, J.:
The evidence for the State being uncontradicted, the Court told the jury, if they believed the evidence, to return a verdict of guilty. This was correct upon the evidence set out, and if the jury had returned a verdict, there would be no ground for exception. State v. Burke, 82 N. C., 551. But the case further states, “ after pausing for a moment' or two, and the jury manifesting no disposition to retire, the Court told the Clerk to enter the verdict of guilty.” It was not necessary that the jury should retire, but it was indispensable that the jury should agree upon and render the…
2Cases cited3 opinions
- State v. . DixonSupreme Court of North Carolina · 1876
- State v. . ShuleSupreme Court of North Carolina · 1849
- State v. . BurkeSupreme Court of North Carolina · 1880
3Cited by41 opinions
- Cutts v. CaseySupreme Court of North Carolina · 1971
- State v. KochMontana Supreme Court · 1906
- State v. . EllisSupreme Court of North Carolina · 1936
- State v. . NealSupreme Court of North Carolina · 1897
- State v. . HaydenSupreme Court of North Carolina · 1944
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