Supreme Court of North Carolina, 1955

State v. Barnes

Supreme Court of North Carolina · Decided November 23, 1955 · Per Curiam

90 S.E.2d 321; 243 N.C. 174; 1955 N.C. LEXIS 558 (South Eastern Reporter, Second Series)

Cases that cite this one

8 later published cases cite this decision.

In re Will of Hall (N.C. 1960)
State v. McKissick (N.C. 1966)
State v. Fowler (N.C. 1984)
State v. McClendon (N.C. Ct. App. 1978)
State v. McVay (N.C. 1971)
In re the Condemnation of Property of Henderson (N.C. Ct. App. 1969)
State v. Green (N.C. 1957)
State v. Accor (N.C. 1972)

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

PeR Cukiam.

This case is essentially a controversy as to the facts. The jury, having heard the sharply conflicting testimony, resolved the issue against the defendant. His assignments of error fail to point out prejudicial error in the trial which would justify a new trial. The charge of the court as to the duty of the jury to make a diligent effort to arrive at a verdict was well within the bounds of the decisions of this Court. S. v. Pugh, 183 N.C. 800, 111 S.E. 849; S. v. Brodie, 190 N.C. 554, 130 S.E. 205; S. v. Lefevers, 216 N.C. 494, 5 S.E. 2d 552. The spontaneous statement of one of the jurors when the jury returned to the courtroom that the jury stood ten for conviction and two for acquittal was innocuous. In the trial below we find

No error.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.