State v. . Nies

12 S.E. 443, 107 N.C. 820

Opinion

Clark, J.:

A verdict, like a judgment, cannot be conditional. Upon the findings of fact, as returned by the jury, the Court should have instructed them to render a verdict of guilty, or not guilty, according to the view he entertained of the law applicable to such state of facts. This was not done, and we have in the record a judgment without a verdict to ■support it. This has been repeatedly held to be error, and was so held again in State v. Moore and State v. Monger, decided at this term.

Per Curiam. Error.