State v. Dove, 189 N.C. 248 (1925)

March 4, 1925 · Supreme Court of North Carolina
189 N.C. 248

STATE v. ALVIN DOVE.

(Filed 4 March, 1925.)

Verdict — Jurors—Impeachment of Verdict.

After the rendition of the verdict, the verdict may not be impeached by the testimony of one of the jurors.

Appeal by defendant from Midyette, J., at September Term, 1924, of CRAVEN.

*249 Attorney-General Brummitt and Assistant Attorney-General Nash for the State.

George T. Willis, B. H. Willis and Henry A. Tolson for defendant.

Pee Oueiam.

Tbe defendant was indicted for transporting intoxicating liquor in -violation of law. Tbe verdict was returned in tbe afternoon and wben tbe court reconvened tbe next morning tbe defendant sought to impeach tbe verdict by a statement of one of tbe jurors who was contradicted by all tbe others. In S. v. Best, 111 N. C., 638, tbe Court said: “We find ourselves concluded by tbe authority of an established and long-settled rule based upon tbe wisest reasons of public policy, that a juror should not be permitted to impeach bis own conduct in tbe rendition of a verdict.” S. v. Hall, 181 N. C., 527; S. v. Brittain, 89 N. C., 482.

Tbe motion to dismiss was properly refused.

We find

No error.