State v. Gatlin
Decision Date | 24 November 1954 |
Docket Number | No. 293,293 |
Citation | 241 N.C. 175,84 S.E.2d 880 |
Court | North Carolina Supreme Court |
Parties | STATE, v. Reeves GATLIN. |
Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen., for the State.
Ward & Tucker, New Bern, for defendant appellant.
While appellant brings to this Court, and discusses in brief filed here, many assignments of error, based upon exceptions appearing in the case on appeal, the one focused on exception to the verdict is well taken, and sufficient to upset the judgment from which the appeal is taken and to require a venire de novo. State v. Lassiter, 208 N.C. 251, 179 S.E. 891; State v. Cannon, 218 N.C. 466, 11 S.E.2d 301; State v. Hill, 224 N.C. 782, 32 S.E.2d 268; State v. Yow, 227 N.C. 585, 42 S.E.2d 661; State v. Ellison, 230 N.C. 59, 52 S.E.2d 9.
" 'A verdict is the unanimous decision made by a jury and reported to the court' ", so declared this Court in opinion by Walker, J., in Smith v. Paul, 133 N.C. 66, 45 S.E. 348, 349 quoting from James v. State, 55 Miss. 57. See also Sitterson v. Sitterson, 191 N.C. 319, 131 S.E. 641, 51 A.L.R. 760.
And a verdict is a substantial right. Wood v. Atlantic & N.C.R. Co., 131 N.C. 48, 42 S.E. 462; Sitterson v. Sitterson, supra; State v. Perry, 225 N.C. 174, 33 S.E.2d 869.
Moreover, this Court in State v. Godwin, 138 N.C. 582, 50 S.E. 277, 278, in opinion by Brown, J., epitomizing previous decisions of this Court, beginning with State v. Arrington, 7 N.C. 571, declared: See also State v. McKay, 150 N.C. 813, 63 S.E. 1059; State v. Parker, 152 N.C. 790, 67 S.E. 35; State v. Bagley, 158 N.C. 608, 73 S.E. 995; Allen v. Yarborough, 201 N.C. 568, 160 S.E. 833; State v. Noland, 204 N.C. 329, 168 S.E. 412; Baird v. Ball, 204 N.C. 469, 168 S.E. 667; State v. Lassiter, supra; Queen v. DeHart, 209 N.C. 414, 184 S.E. 7; State v. Perry, supra; Edwards v. Hood Motor Co., 235 N.C. 269, 69 S.E.2d 550, 552.
Indeed, in Edwards v. Hood Motor Co., supra, Johnson, J., writing for the Court, said: "Where the findings are indefinite or inconsistent, the presiding judge may give additional instructions and direct the jury to retire again and bring in a proper verdict, but he may not tell them what their verdict shall be", citing Baird v. Ball, supra.
In the light of these principles we have no hesitancy in holding that the verdict "Guilty of driving" is no crime and is not responsive to the charge in the indictment. Hence the trial judge had the discretionary power to give further instructions to the jury and order that they retire and give further consideration to the matter, and bring in a proper verdict. But the judge was without authority to suggest to the jury what their verdict should be.
The Attorney General, in his brief, cites and relies upon these cases: State v. Lucas, 124 N.C. 825, 32...
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State v. Courtney
...they may be directed by the court to retire and reconsider the matter and bring in a proper verdict, do not apply. See State v. Gatlin, 241 N.C. 175, 84 S.E.2d 880; State v. Perry, 225 N.C. 174, 33 S.E.2d 869. Defendant does not challenge the acceptance of the verdict or any other feature o......
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State v. Goodman
...suggest to the jury what he believes to be the proper verdict. State v. Godwin, 260 N.C. 580, 133 S.E.2d 166 (1963); State v. Gatlin, 241 N.C. 175, 84 S.E.2d 880 (1954). In this case the court was attempting to dispel the ambiguity which was created by the jury foreman's response to the cle......
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Chambers v. State
...cases cited by the majority are simply inapposite. In neither State v. Sumner, 269 N.C. 555, 153 S.E.2d 111 (1967), State v. Gatlin, 241 N.C. 175, 84 S.E.2d 880 (1954), nor State v. Perry, 225 N.C. 174, 33 S.E.2d 869 (1945) was there a rule comparable to Maryland Rule 4-327(f). What these c......
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