State v. . Kirby

12 S.E. 1045, 108 N.C. 772

Opinion

Clark, J.

after stating the case: The special verdict having found as a fact that “ the congregation was not disturbed by the fuss (i. e., the quarrel and fight) at the fire,” we do not see how it could be held that the congregation was, notwithstanding, disturbed thereby.

It is found that the congregation was disturbed by some one excitedly reporting that there was a fight. This was not the act of the defendant, nor was it necessarily the result of his actions. It should have appeared clearly, and not by inference only, that by the judgment of the Court the defend ant was discharged (State v. Hazell, 95 N. C., 623), but the Attorney General admits that such was the- fact, and consents that the record may be amended so as to show it.

Affirmed.