State v. Arrington
| Decision Date | 30 November 1819 |
| Citation | 7 N.C. 571 |
| Court | North Carolina Supreme Court |
| Parties | THE STATE v. JOHN ARRINGTON. |
When a Jury returns an informal or insensible verdict, or one that is not responsive to the issues submitted, they may be directed by the Court to reconsider it; but in no other case.
Therefore, where upon the trial of an indictment for felony and horse-stealing, the Jury returned for their verdict "that the prisoner was not guilty of the felony and horse-stealing, but guilty of a trespass," and the Court desired them to reconsider their verdict, and say "guilty or not guilty, and no more," and the Jury thereupon retired, and returned a verdict of "guilty," generally, this Court ordered the first finding of the Jury to be recorded as their verdict, and the prisoner to be discharged.
Wherever a prisoner, either in terms or effect, is acquitted by the Jury, the verdict as returned should be recorded.
The indictment charged, "that John Arrington, late of the county of Buncombe, on the first day of October, in the year of our Lord one thousand eight hundred and eighteen, with force and arms, in the county of Buncombe aforesaid, one sorrel mare of the value of five pounds, of the goods and chattels of James Peck, then and there found, did feloniously steal, take and lead away, contrary to the statutes in that case made and provided, and against the peace and dignity of the State." The Defendant pleaded "not guilty," and the Jury, having heard the evidence, retired for a short time, when they returned into Court, and being asked whether they were agreed in their verdict, they answered "yes;" and being asked "whether they found the prisoner at the bar guilty of the felony and horse-stealing charged in the bill of
indictment, or not guilty," they answered, that "they found him not guilty of the felony and horse-stealing, but guilty of a trespass." Whereupon the Court directed them to retire and reconsider the case, and return a verdict of guilty or not guilty, in manner and form as charged in the indictment, and no more. The Jury retired, and, after a few minutes, returned their verdict, finding the Defendant guilty of the felony and horse-stealing charged in the indictment.
All these facts were spread upon the record, and the Defendant's counsel insisted that the first finding of the Jury was to be taken as their verdict, and, by that, the Defendant was acquitted. The Court was of a different opinion, and directed the Defendant to be whipped, as the act of Assembly directs. The Defendant appealed to this Court, and the judgment of the Court below was reversed, and the Defendant discharged.
HENDERSON, Judge: When a Jury returns with an informal or insensible verdict, or one that is not responsible to the issues submitted, they may be directed by the Court to reconsider it: but not where the verdict is not of such description. The verdict offered in this case was a plain and explicit response upon the issue submitted, and the addition, of the...
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State v. Matthews
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State v. Perry, 434.
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