State v. Beal

• Decision Date: 19 December 1930
• Docket Number: 633.
• Parties: STATE v. BEAL et al.
• Court: North Carolina Supreme Court

156 S.E. 140

200 N.C. 90

STATE v. BEAL et al.

No. 633.

Supreme Court of North Carolina

December 19, 1930

Appeal from Superior Court, Cherokee County; Findley, Judge.

Charley Beal and others were convicted of receiving stolen goods, knowing same to have been stolen, and they appeal.

Venire de novo granted.

Verdict finding defendants guilty of knowingly possessing stolen goods held not responsive to indictment charging defendants with knowingly receiving stolen goods.

This is a criminal action in which defendants were tried on an indictment for storebreaking, larceny, and receiving stolen goods, knowing same to have been stolen.

The verdict returned by the jury as shown by the record was as follows: "All of the defendants guilty on the third count, of having these goods in their possession, knowing them to have been stolen. Not guilty as to breaking and entering, and for larceny." From judgment on the verdict, defendants appealed to the Supreme Court.

Dillard & Hill and Moody & Moody, all of Murphy, for appellants.

Dennis G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.

PER CURIAM.

After the return of the verdict as shown by the record, defendants and each of them moved that the same be set aside. This motion was overruled, and defendants excepted. Defendants then moved in arrest of judgment. This motion was overruled, and defendants again excepted. Their assignments of error based on these exceptions must be sustained. State v. Barbee, 197 N.C. 248, 148 S.E. 249, and cases there cited.

On the record, the defendants are entitled to a venire de novo. It is so ordered.

Venire de novo.