State v. . Nies

Supreme Court of North Carolina

State v. . Nies

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

CourtSupreme Court of North Carolina

DecidedSeptember 5, 1890

StatusPublished

Cited by1 cases

This text of 12 S.E. 443 (State v. . Nies) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Nies, 12 S.E. 443, 107 N.C. 820 (N.C. 1890).

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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.

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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.

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Bluebook (online)

12 S.E. 443, 107 N.C. 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nies-nc-1890.

Opinion

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