Opinion
(January Term, 1814.)
Upon an indictment for a maim, if no issue be joined between the State and the defendant, judgment must be arrested.
UPON an indictment for maiming, the defendant was found guilty, and on a motion to arrest the judgment, one reason was that no issue was joined between the State and the defendant.
Among the several objections taken to the authority of the court to award judgment on the verdict against defendant, it is alleged that no issue was joined between the State and the defendant.
On examining the record it is ascertained that the objection is true, in point of fact. The legal consequence is that there was nothing submitted to the jury, and that their verdict is nugatory.
Let there be a venire facias de novo. (123)
NOTE. — In capital cases there is no need of a formal joining of issue preparatory to trial; the prisoner's plea, and the joining of issue, called the similiter, being ore tenus. S. v. Lamon, 10 N.C. 175; S. v. Christmas, 20 N.C. 410.