State v. Williams, 220 N.C. 724 (1942)

Jan. 7, 1942 · Supreme Court of North Carolina

220 N.C. 724

STATE v. GENERAL WILLIAMS.

(Filed 7 January, 1942.)

Criminal Law § 54c—

Where the jury has rendered a verdict of not guilty the defendant is entitled to be discharged, and the trial court is without power to resubmit the case to the jury.

Appeal by defendant from Grady, Emergency Judge, at October Criminal Term, 1941, of PeesoN.

Eeversed.

Attorney-General McMullan and Assistant Attorneys-General Bruton and Patton for the State.

Lunsford & Burlce for defendant.

Pee Cubiam.

The record discloses that: “His Honor instructed the Clerk to take the verdict. Whereupon, the Clerk asked: ‘Gentlemen, how do you find the defendant, guilty as charged or not guilty?’ The foreman, answering for the jury, declared, ‘Not guilty.’ The Clerk then asked: ‘So say you all ?’ And the jurors answered ‘Yes.’ ”

Thereafter the trial judge resubmitted the case to the jury, who returned a verdict of guilty. The verdict of not guilty entitled the defendant to be discharged.

Eeversed.