State v. . Shule
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Lincoln County, at the Fall Term 1848, his Honor Judge Moor's presiding. This was an indictment for an affray. After the'-Count had charged the jury, they retired, and, remaining out for some considerable time, at the request of the Solicitor, they were sent for by the Court.
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Appeal from the Superior Court of Law of Lincoln County, at the Fall Term 1848, his Honor Judge Moor's presiding. This was an indictment for an affray. After the'-Count had charged the jury, they retired, and, remaining out for some considerable time, at the request of the Solicitor, they were sent for by the Court. After the jury returned, tlie Court charged them, that, although Jones (the other' defendant)' had first commenced a battery upon Shule, yet that, if the jury believed the evidence, the defendant Shule .was also guilty. After this charge had been given by the Court, one of the…
1Opinion of the CourtPearson, J.
We think there was error in the mode of conducting the trial. There must be a venire de novo. There was a departure from the established mode of proceeding, and the wisest policy is, to check innovation at once; particularly', as, in thisca.se, it concerns the “trial by jury,” which the “bill of rights” declares “ought to remain sacred and inviolable.” The error complained of is, that before the jury had announced their verdic-, and, in fact, after they had intimated an intention to acquit f iio defendant Shule, the Court allowed the Clerk to be directed to enter a verdict, finding Aim guilty…
2Cited by19 opinions
- Cutts v. CaseySupreme Court of North Carolina · 1971
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- State v. . RileySupreme Court of North Carolina · 1893
- Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Anniston National Bank v. School Committee of DurhamSupreme Court of North Carolina · 1897
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