Opinion
(September Term, 1889.)
Special Verdict — New Trial.
If a special verdict fails to find all the facts essential to a decision of the case, it is fatally defective and a new trial must be awarded.
CRIMINAL ACTION, which was tried at May Term, 1889, of GUILFORD, before Bynum, J., upon appeal from a justice of the peace.
Attorney-General for the State.
No counsel for defendant.
Upon a special verdict returned by the jury, the court adjudged the defendant not guilty, from which the State appealed.
The defendant was charged with peddling without a license, as required by law. There was a special verdict, and this does not find whether or not the defendant had such license. Nor does it find that he was required to exhibit one by the proper authorities and failed to do so; in which case there would have been a (764) presumption that he had none. Section 24, chapter 216, Laws 1889.
The verdict being thus fatally defective, there must be a new trial. S. v. Oakley, 103 N.C. 409; S. v. Bray, 89 N.C. 480.
Error.
Cited: S. v. Corporation, 111 N.C. 664; S. v. Hanner, 143 N.C. 635.