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208 N.C. 251

179 S.E 891

State v. . Lassiter

Supreme Court of North Carolina

Decided May 22, 1935

Supreme Court of North Carolina · decided 1935-05-22

Good law ✅— No negative treatment on recordhow we know

Decided 1935-05-22

How this case has been cited

Cited by 11 later decisions — most recently October 1984

11 state decisions

40193519401950196019701980decided

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.

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Stacy, O. J.

¶1 It may be doubted whether the evidence is sufficient to warrant a conviction under the decisions in S. v. Hege, 194 N. C., 526, 140 S. E., 80, and S. v. Mull, 193 N. C., 668, 131 S. E., 866. But, however this may be, the verdict is not sufficient to support a judgment. S. v. Barbee, 197 N. C., 248, 148 S. E., 249. It neither alludes to the warrant nor uses language to show a conviction of the offense charged therein. S. v. Shew, 194 N. C., 690, 140 S. E., 621. It is entirely consistent with the defendant’s contention that the possession was lawful. S. v. Mull, supra; S. v. Hammond, 188 N. C., 602, 125 S. E., 402.

¶2 Had the verdict been “guilty of possession as charged in the second count,” or simply “guilty as charged in the second count,” the situation would have been different, but when the jury undertakes to spell out its verdict without specific reference to the charge, as in the instant case, it is essential that the spelling be correct. S. v. Parker, 152 N. C., 790, 67 S. E., 35.

¶3 Venire de novo.

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