State v. . Allen
Supreme Court of North Carolina
Appeal by State from Peebles, J., at September Term, 1913, of YaNCE. Indictment for assault with a deadly weapon on one "William Royster. The jury returned a special verdict acquitting the defendant. The relevant and material facts in such verdict are as follows: “That "William Royster stopped the defendant on the highway along which he was driving and found in the buggy 3 to 5 gallons of liquor.
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Appeal by State from Peebles, J., at September Term, 1913, of YaNCE. Indictment for assault with a deadly weapon on one "William Royster. The jury returned a special verdict acquitting the defendant. The relevant and material facts in such verdict are as follows: “That "William Royster stopped the defendant on the highway along which he was driving and found in the buggy 3 to 5 gallons of liquor. Royster then got in the defendant’s vehicle ■and ordered him to drive on towards Henderson, which defendant did. Royster was not an officer and had no warrant.” The particulars of the assault are…
1Opinion of the CourtHoke, J.
There are at least two authoritative decisions in this State to the effect that, on the trial of a criminal prosecution in the Superior Court, the determinative facts must be found by the jury. They may not be referred to the decision of the judge, even by consent of defendant or his counsel. S. v. Holt, 90 N. C., 749; S. v. Stewart, 89 N. C., 563. These facts are sometimes presented in the form of a special verdict, but when such procedure is had all the essential facts must be found by the jury; the guilt or innocence of the defendant must follow as a conclusion of the law from the facts…
2Cases cited5 opinions
- State v. . HoltSupreme Court of North Carolina · 1884
- State v. . StewartSupreme Court of North Carolina · 1883
- State v. . BelkSupreme Court of North Carolina · 1877
- State v. . McCloudSupreme Court of North Carolina · 1909
- State v. . WattsSupreme Court of North Carolina · 1849
3Cited by16 opinions
- State v. BlackwellSupreme Court of North Carolina · 2006
- State v. MobleySupreme Court of North Carolina · 1954
- State v. . LuedersSupreme Court of North Carolina · 1938
- State v. . FoglemanSupreme Court of North Carolina · 1933
- State v. AndersonSupreme Court of North Carolina · 1949
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