State v. Cody

• Citation: 31 S.E.2d 445,224 N.C. 470
• Decision Date: 20 September 1944
• Docket Number: 74.
• Parties: STATE v. CODY.
• Court: United States State Supreme Court of North Carolina

31 S.E.2d 445

224 N.C. 470

STATE v. CODY.

No. 74.

Supreme Court of North Carolina

September 20, 1944

Criminal prosecution tried upon indictment charging the defendant with (1) reckless driving, and (2) assault with a deadly weapon towit, an automobile, with intent to kill.

Verdict Guilty.

Judgment Eight months in county jail to be assigned to work the roads under supervision of the State Highway and Public Works Commission.

The defendant appeals, assigning errors.

Harry M. McMullan, Atty. Gen., and George B. Patton and Hughes J Rhodes, Asst. Attys. Gen., for the State.

George M. Pritchard, of Asheville, for defendant.

STACY Chief Justice.

This is a companion case to State v. Ogle, N.C., 31 S.E.2d 444, herewith decided, the two having been consolidated for trial, as they arise out of the same transaction, and were heard together on appeal. To avoid repetition, reference is made to the Ogle case for statement of the facts.

The case against Cody readily survives the demurrer. He was in position to appreciate the danger of his negligent driving. As to him the case was properly submitted to the jury. State v. Wilson, 218 N.C. 769, 12 S.E.2d 654.

The defendant contends, however, that the general verdict of 'guilty', without specifying the count, is too indefinite to support a judgment. The second count in the bill seems to have been disregarded on the hearing. The case was tried on the first count alone. It is the rule with us, both in civil and criminal actions, that a verdict may be given significance and correctly interpreted by reference to the pleadings, the facts in evidence, admissions of the parties, and the charge of the court. State v. Whitley, 208 N.C. 661, 182 S.E. 338; State v. Jones, 211 N.C. 735, 190 S.E. 733; State v. Morris, 215 N.C. 552, 2 S.E.2d 554; State v. Bentley, 223 N.C. 563, 27 S.E.2d 738. And further, 'where the indictment contains several counts, and the evidence applies to one or more, but not to all, a general verdict will be presumed to have been returned on the count or counts to which the evidence relates.' State v. Snipes, 185 N.C. 743, 117 S.E. 500, 501. It is clear from the record that the verdict speaks of the first count only. State v. Morris, supra.

For the first offense of reckless driving the allowable penalty is not more than six months' imprisonment, or a fine of not more than $500. G.S. § 20-180. It may be more for a second or subsequent...