Supreme Court of North Carolina, 1957

State v. Dow

State v. Dow
Supreme Court of North Carolina · Decided September 25, 1957 · Per Curiam
99 S.E.2d 860; 246 N.C. 644; 1957 N.C. LEXIS 506 (South Eastern Reporter, Second Series)

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.

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