Opinion
(July Term, 1816.)
Where, in an indictment for extortion, the jury found that the defendant took more than his legal fees, but did not take them corruptly, such finding is equivalent to a verdict of acquittal, and the defendant must be discharged.
THIS was an indictment against the defendant, who is register of Lenoir County, for taking a greater fee for copying a deed than the law allows. Upon "Not guilty" being pleaded, the jury found that the defendant took more than his legal fee, but that he did not take it corruptly.
A motion was made in behalf of the defendant that the verdict be entered up as one of acquittal, and a motion was made on the part of the State for a venire facias de novo. (438)
The jury having found that the defendant did not take the fee charged in the indictment corruptly, have, by their verdict, negatived the very gist of the indictment. It is equivalent to a verdict of "Not guilty." The defendant must, therefore, be discharged.
NOTE. — See S. v. Avera, post, 669; S. v. Arrington, 6 N.C. 671.
Dist.: S. v. Pritchard, 107 N.C. 930.