State v. . Hudson

74 N.C. 246

• Court: Supreme Court of North Carolina
• Decided: January 5, 1876
• Status: Published

Opinion

Btnum, J.

Tbe defendant was indicted for an assault and 'battery, in a bill drawn in tbe ordinary form. Tbe jury for their verdict returned “ that the said Cephas Hudson is guilty -of shooting.” Shooting at wrhat ? In what direction ? If at any human object, was that object within the carrying distance of the gun, so as to constitute an assault ? If the indictment had charged that the assault was made by shooting at the prosecutor, possibly the verdict could be sustained by the reasonable certainty of its meaning, to be obtained by construing the bill and verdict together. But the instrament contains no such charge, and the verdict standing by itself is therefore senseless, certainly it is not responsive to the indictment. The courts should never allow such absurd and irre- sponsive verdicts to be recorded. They should have the jury to correct them, so as to be in conformity to law and to present an intelligent record. State v. Arrington, 3 Murph. 511. There is error.

Per Curiam. Judgment arrested.