Supreme Court of North Carolina, 1942

State v. . Williams

State v. . Williams
Supreme Court of North Carolina · Decided January 7, 1942 · PER CURIAM.
18 S.E.2d 126; 220 N.C. 724; 1942 N.C. LEXIS 543 (South Eastern Reporter, Second Series)
State v. . Williams

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Pee Cubiam.

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.

Eeversed.

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