State v. . Walters

180 S.E. 664, 208 N.C. 391, 1935 N.C. LEXIS 421

Opinion

Pee Oueiam.

In S. v. Straughn, 197 N. C., 691, 150 S. E., 330, it is said: “It has been held in a number of cases that where a defendant in a criminal prosecution, on trial in the Superior Court, enters a plea of not guilty to the charge preferred against him, he may not thereafter, without changing his plea, waive his constitutional right of trial by jury. S. v. Hartsfield, 188 N. C., 357, 124 S. E., 629. And this applies to misdemeanors as well as to more serious offenses. S. v. Pulliam, 184 N. C., 681, 114 S. E., 394.”

A judgment against a defendant in a criminal action who has entered a plea of not guilty of the crime with which he is charged, and who has not withdrawn said plea, is erroneous when there was no verdict, either general or special, to support the judgment. S. v. Beasley, 196 N. C., 797, 147 S. E., 301.

It is ordered that this action be remanded to the Superior Court of Orange County for trial in said court, as provided by law. S. v. Pulliam, supra.

Error.