State v. . Jenkins
Supreme Court of North Carolina
The defendant was convicted upon the trial of an indictment for injuring stock running at large, at Fall Term, 1894, of Beaufort Superior Court, before Mclver, “ The Court charged the jury before dinner, and they immediately returned to the jury room, which was on the lower floor of the court house, where they remained until supper time. At supper time the Court instructed the sheriff to give the jury supper.
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The defendant was convicted upon the trial of an indictment for injuring stock running at large, at Fall Term, 1894, of Beaufort Superior Court, before Mclver, “ The Court charged the jury before dinner, and they immediately returned to the jury room, which was on the lower floor of the court house, where they remained until supper time. At supper time the Court instructed the sheriff to give the jury supper. The sheriff took them in a body down town and carried them to Mrs. Smith’s restaurant, where they got supper. • They stopped at Wright’s, on the way bach to the court house, and got some…
1Opinion of the Court
MONTGOMERY, J.:
The question for determination'is, do the findings of His Honor show such misconduct on the part of the jury as to vitiate the verdict, and to make it in law no verdict ? Eor otherwise the verdict would simply be erroneous, and, therefore, under the final control of the Judge below as to his discretion in granting or refusing a new trial. The' answer to the question depends most largely upon the proper construction of the words, “Nearly all of them drank of this whiskey, some of them were under its influence.” We think the fair, reasonable and natural meaning of these words is…
2Cases cited1 opinion
- State v. . SparrowSupreme Court of North Carolina · 1819
3Cited by4 opinions
- State v. CrockerSupreme Court of North Carolina · 1954
- State v. Tyson.Supreme Court of North Carolina · 1905
- State v. SalversonSupreme Court of Minnesota · 1902
- State v. . BaileySupreme Court of North Carolina · 1888