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State v. Williams

Supreme Court of North Carolina
Jan 1, 1942
18 S.E.2d 126 (N.C. 1942)

Opinion

(Filed 7 January, 1942.)

Criminal Law § 54c —

Where the jury has rendered a verdict of not guilty the defendant is entitled to be discharged, and the trial court is without power to resubmit the case to the jury.

APPEAL by defendant from Grady, Emergency Judge, at October Criminal Term, 1941, of PERSON. Reversed.

Attorney-General McMullan and Assistant Attorneys-General Bruton and Patton for the State.

Lunsford Burke for defendant.


The record discloses that: "His Honor instructed the Clerk to take the verdict. Whereupon, the Clerk asked: `Gentlemen, how do you find the defendant, guilty as charged or not guilty?' The foreman, answering for the jury, declared, `Not guilty.' The Clerk then asked: `So say you all?' And the jurors answered `Yes.'"

Thereafter the trial judge resubmitted the case to the jury, who returned a verdict of guilty. The verdict of not guilty entitled the defendant to be discharged.

Reversed.


Summaries of

State v. Williams

Supreme Court of North Carolina
Jan 1, 1942
18 S.E.2d 126 (N.C. 1942)
Case details for

State v. Williams

Case Details

Full title:STATE v. GENERAL WILLIAMS

Court:Supreme Court of North Carolina

Date published: Jan 1, 1942

Citations

18 S.E.2d 126 (N.C. 1942)
18 S.E.2d 126

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