Reversed on authority of S. v. Riley, 113 N. C., 648; S. v. Hill, 141 N. C., 772, holding that the judge cannot direct a verdict in a criminal action.
New trial.
State v. Alley, 180 N.C. 663 (1920)
Oct. 20, 1920
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Supreme Court of North Carolina
180 N.C. 663
STATE v. ALLEY.
(Filed 20 October, 1920.)
Criminal Law — rDirecting Verdict — Instructions.
A verdict may not be directed by the trial judge in a criminal action.
Appeal by defendant from Daniels, J., at the January Term, 1920, of FEANKLIN.
This is an indictment for abandonment.
The State offered evidence, and the defendant testified in his own behalf.
At the conclusion of the evidence the record states that the judge said: “Gentlemen, this ends the case. On the testimony of the witness himself he is technically guilty.
Defendant excepted.
The judge then directed the clerk to enter a verdict of guilty. The defendant excepted.
There was a verdict of guilty entered by the clerk, and the defendant appealed from the judgment thereon.
Attorney-General Manning and Assistant Attorney-General Nash for the State.
W. M. Person for‘defendant.