State v. . Coppersmith

88 N.C. 614

• Court: Supreme Court of North Carolina
• Decided: February 5, 1883
• Status: Published

Opinion

Smith, C. J.

The ruling is erroneous, since on a conviction of an offence cognizable by the court, as described in the bill of indictment, it must, upon motion of the solicitor, proceed to judgment, unless the verdict be set aside and a new trial ordered. The record shows that the defendants have, each of them, committed a criminal act within the jurisdiction of the trying court, and for which no motion in arrest of judgment could be entertained.

The order of dismissal is, therefore, erroneous and inconsistent with the record, and the state is entitled to judgment against each defendant, consequent upon the verdict as it stands.

The ruling of the court belbw must be reversed, and this will be certified to the end that judgment may be rendered.

Error. Reversed.