Public-domain · open source
OpenJurist

114 N.C. 844

19 S.E 375

State v. . Lee

Supreme Court of North Carolina

Decided February 5, 1894

Supreme Court of North Carolina · decided 1894-02-05

INDICTMENT under section 985,'subsection 7 of The Code, for an attempt to burn a dwelling-house, tiled before Winston, J., at December Term, 1893, of Forsyth Superior Court. The defendants were convicted, and appealed. The facts appear in the opinion of Associate Justice Clark.

Good law ✅— No negative treatment on recordhow we know

Decided 1894-02-05

How this case has been cited

Cited by 4 later decisions — most recently November 1970

4 state decisions

20189419001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Clark, J.:

¶1 After verdict and judgment the defendants moved in arrest of’judgment. The Court, as a matter of discretion, set aside the verdict and sentence, granting a new trial. A new bill was found at the same term upon testimony of same witnesses, stating the same charge more explicitly. The defendants were again put to trial, treating the two bills as several counts in the same indictment. This was admissible. State v. Johnson, 50 N. C., 221; State v. Brown, 95 N. C., 685; State v. McNeill, 93 N. C., 552. Ás the second count is unquestionably good it is immaterial to consider whether the first count was good or not. There having been a general verdict of guilty on two counts, the law will place the verdict upon the good count. State v. Edwards, 113 N. C., 653; State v. Toole, 106 N. C., 736. The reason of this is that-a general verdict on two ¡counts is in effect two verdicts of guilty, one as to each count, and the verdict on the valid count supports the judgment. The defendants, if they had so chosen, might have had the jury to respond severally to each count. State v. Bassermari, 54 Conn., 88; State v. Toole, supra, and cases there cited. .

¶2 As to the plea of former conviction, the former verdict was against the defendants, and having been set aside in *846 the discretion of the Court, nothing remains to support the plea of a former conviction. If the first count was defective, so that judgment should have been arrested, the defendants have not been in former jeopardy. State v. England, 78 N. C., 552.

¶3 It was perfectly proper to send a second bill at the same term. State v. Harris, 91 N. C., 656. Indeed, this Court lias recommended if a bill is of doubtful validity to send a second bill at the same term and not to postpone trial thereon, as a matter of course, till another term. State v. Skidmore, 109 N. C., 797; State v. Flowers, Ibid., 841, 845. Justice should be administered promptly and without unnecessary cost to the public, to the defendant or the witnesses. State v. Caldwell, 112 N. C., 854.

¶4 No Error.

/114/nc/844 · .json · Public domain