State v. . Alley

Supreme Court of North Carolina

State v. . Alley

104 S.E. 365, 180 N.C. 663, 1920 N.C. LEXIS 165

DecidedOctober 20, 1920

StatusPublished

This text of 104 S.E. 365 (State v. . Alley) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Alley, 104 S.E. 365, 180 N.C. 663, 1920 N.C. LEXIS 165 (N.C. 1920).

Pincite

Opinion

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. 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. *Page 664

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