State v. . Muse
Cases that cite this one
16 later published cases cite this decision.
- State v. Bunch (N.C. Ct. App. 2009)
- Standley v. Town of Woodfin (N.C. Ct. App. 2007)
- Carillon Assisted Living, LLC v. North Carolina Department of Health & Human Services (N.C. Ct. App. 2006)
- Robins v. Town of Hillsborough (N.C. Ct. App. 2006)
- Henry C. Alford v. State of North Carolina (4th Cir. 1969)
- State v. Cox (N.C. 1965)
- State v. Dubose (N.C. Ct. App. 2010)
- State v. Smith (N.C. 1976)
- State v. Crabtree (N.C. 1975)
- State v. Pallet (N.C. 1973)
- State v. Underwood (N.C. 1973)
- State v. Jeffries (N.C. Ct. App. 1973)
- State v. Mason (N.C. 1966)
- State v. Blackwell (N.C. 1957)
- State v. Harper (N.C. 1952)
- State v. Bridges (N.C. 1949)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The Attorney-General confesses error.
When a defendant in a criminal prosecution in the Superior Court enters a plea of not guilty he may not, without changing his plea, waive his constitutional right of trial by jury, S. v. Hill, 209 N. C., 53, 182 S. E., 716, the determinative facts cannot be referred to the decision of the court even by consent — they must be found by the jury. S. v. Allen, 166 N. C., 265, 80 S. E., 1075.
The Supreme Court will not venture an advisory opinion on a constitutional question unless it is properly presented, and will not decide such a question even then when the appeal may be properly determined on a question of less moment. S. v. Lueders, 214 N. C., 558, 200 S. E., 22.
Since it appears that there is no verdict upon which a valid judgment could be based, the case must be remanded to the Superior Court for trial according to the usual course and practice. S. v. Lueders, supra.
Error and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.