State v. Crawford
| Decision Date | 09 October 1929 |
| Docket Number | (No. 241.) |
| Citation | 149 S.E. 729 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. CRAWFORD. |
Appeal from Superior Court, Wake County; Oranmer, Judge.
F. H. Crawford was sentenced on a verdict of guilty of an offense entered by court without jury and he appeals. Reversed and remanded.
Criminal indictment charging the defendant with a violation of chapter 62, Public Laws 1927, generally known as the "Bad Check Law." The defendant's plea was "not guilty."
The following is taken from the record: "It is agreed that the Court should, upon the facts agreed upon by the Solicitor for the State and counsel for the defendant, say whether or not the defendant was guilty, and thereupon, after considering the facts the Court orders that a Verdict of Guilty be entered."
From a judgment, pronounced on the above finding that the defendant pay a fine of $25 and the costs, he appeals, assigning error.
Gulley & Gulley, of Wake Forest, for appellant.
D. G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.
We have a number of decisions to the effect that when a defendant in a criminal prosecution, on trial in the superior court, enters a plea of "not guilty" to the charge preferred against him, he may not thereafter, without changing his plea, waive his constitutional right of trial by jury. State v. Hartsfield, 188 N. C. 357, 124 S. E. 629; State v. Rogers, 162 N. C. 656, 78 S. E. 293, 46 L R. A (N. S.) 38, Ann. Cas. 1914A, 867. And this applies to misdemeanors as well as to felonies. State v. Pulliam, 184 N. C. 681, 114 S. E. 394.
Special verdicts are permissible in criminal cases, but when such procedure is had, all the essential facts must be found by a jury. State v. Allen, 166 N. C. 265, 80 S. E. 1075. They may not be referred to the judge for decision even by the consent of the accused or his counsel. State v. Holt, 90 N. C. 749, 47 Am. Rep. 544; State v. Stewart, 89 N. C. 563. The parties are not permitted to change the policy of the law and "substitute a new method of trial in criminal prosecutions for that of trial by jury as provided by the Constitution: Const, art. 1, § 13. See, also, State v. Beasley, 196 N. C. 797, 147 S. E. 301.
The case will be remanded to the superior court for trial by a...
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State v. Bridges, 436.
... ... Ellis, 210 N.C. 170, 18S S.E. 662; State v. Hill, 209 N.C. 53, 182 S.E. 716; State v. Crump, 209 N.C. 52, 182 S.E. 716; State v. Camby, 209 N.C. 50, 182 S.E. 715; State v. Walters, 208 N.C. 391, 180 S.E. 664; State v. Straughn, 197 N.C. 691, 150 S.E. 330; State v. Crawford, 197 N.C. 513, 149 S.E. 729; State v. Pulliam, 184 N.C 681, 114 S.E. 394; State v. Rogers, 162 N.C. 656, 78 S.E. 293, 46 L.R.A., N.S., 38, Ann.Cas.l914A, 867; State v. Holt, 90 N.C. 749, 47 Am.Rep. 544; State v. Stewart, 89 N.C. 563. The founders of our legal system ... ...
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State v. Camby, 292.
..."Not guilty." This may not be done in the superior court--the court of last resort so far as a jury trial is concerned. State v. Crawford, 197 N.C. 513, 149 S.E. 729; State v. Rouse, 194 N.C. 318, 139 S.E. 433; State v. Hartsfield, 188 N.C. 357, 124 S.E. 629; State v. Pulliam, 184 N.C. 681,......
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State v. Straughn
...104 S. E. 531. But as it appears on the face of the record proper that the same error was committed in this case as in State v. Crawford, 197 N. C. 513, 149 S. E. 729, at the present term, the judgment will be stricken out, and the cause remanded to the superior court for trial by a jury as......
- State v. Crawford, 242.