State v. . McCloud

66 S.E. 568, 151 N.C. 730, 1909 N.C. LEXIS 357

• Court: Supreme Court of North Carolina
• Decided: December 23, 1909
• Status: Published

Opinion

MANNING, J.,

after stating the case: The special verdict found in this case is defective, and the facts found by the jury are not sufficient to warrant any judgment tbereon. In determining the guilt or innocence of a defendant upon a special verdict, tbe court is confined to tbe facts found, and is not at liberty to infer anything not directly found. State v. Custer, 65 N. C., 339; State v. Hanner, 143 N. C., 632, and cases cited. Tbe special verdict does not find tbe intent with which tbe defendant made tbe statements. “.Tbe intent to cheat and defraud tbe prosecutor is an essential ingredient in tbe crime of false pretense. Tbe verdict should have found that fact distinctly, the one way or tbe other; either that tbe defendant made tbe false representation witb intent to cheat, or that be made tbe statement under an honest conviction of its truth.” State v. Blue, 84 N. C., 807; State v. Oakley, 103 N. C., 408. In the absence of such definite finding, tbe uniform practice is to grant a new trial. State v. Bray, 89 N. C., 480; State v. Blue, supra; State v. Oakley, supra; State v. Hanner, supra. Nor is there a finding showing under what agreement or arrangement the Clarke-Smith Company issued its aluminum checks to tbe laborers of tbe Koper Lumber Company. Tbe aluminum check was tbe promise to pay of tbe Olarke-Smitb Company, payable or redeemable in goods, as we interpret tbe verdict. We are therefore of tbe opinion that tbe judgment should be reversed, tbe special verdict set aside and a new trial bad.

Error. New trial.