State v. Dow

Supreme Court of North Carolina
State v. Dow, 99 S.E.2d 860 (N.C. 1957)
246 N.C. 644; 1957 N.C. LEXIS 506
Per Curiam

State v. Dow

Opinion

Per Curiam.

Our Constitution provides: “No person shall be-convicted of any crime but by the unanimous verdict of good and lawful persons in open court.” Art. I, sec. 13.

When requested in apt time, a party is entitled to have the jury polled; that is, an inquiry directed to each juror in order to ascertain his assent to the announced verdict. When so polled and the verdict is challenged, the record must affirmatively establish that each juror assented to the verdict entered. S. v. Cephus, 241 N.C. 562, 86 S.E. 2d 70; S. v. Boger, 202 N.C. 702, 163 S.E. 877; Oil Co. v. Moore, 202 N.C. 708, 163 S.E. 879; Lipscomb v. Cox, 195 N.C. 502, 142 S.E. 779. The verdict now challenged does not, on the record, meet the test.

New trial.

Reference

Full Case Name
State v. Sam E. Dow
Cited By
16 cases
Status
Published