State v. Fort, 4 N.C. 510, 1 Car. L. Rep. 510 (1814)

April 1814 · Supreme Court of North Carolina

4 N.C. 510, 1 Car. L. Rep. 510

State v. Fort.

Upon an indictment for maiming, the defendant was found guilty, and on a motion to arrest the judgment, one reason was, that no issue was joined between the State and the defendant.

Cameron, J.

delivered the opinion of the Court.

Among the several objections taken to the authority of the Court, to award judgment, on the verdict against the defendant, it is alleged that no issue was joined between the State and the defendant.

On examining the record, it is ascertained that the objection is true, in point of fact — the legal consequence is, that there was nothing submitted to the Jury, and that their verdict is nugatory.

Let there be a venire facias de novo.