State v. . Scurlock

149 S.E. 680, 197 N.C. 475, 1929 N.C. LEXIS 274

• Court: Supreme Court of North Carolina
• Decided: October 2, 1929
• Status: Published

Opinion

Stacy, C. J.

The petitioner’s application for writ of certiorari, in lieu of an appeal, has been allowed in the instant case because it appeared on the face of the record proper in Barbee’s appeal, ante, 248, that the verdict as rendered was not responsive to the indictment, did not convict the defendants of a crime and was not sufficient to support a judgment. S. v. Shew, 194 N. C., 690, 140 S. E., 621.

The verdict fails to find that the defendants received the ear in question, knowing- at the time that the same had been feloniously stolen or taken. S. v. Caveness, 78 N. C., 484.

It is conceded by the Assistant Attorney-General, Mr. Nash, that the petitioner is entitled to a venire de novo. It is so ordered.

Venire de novo.