State v. Dow

Supreme Court of North Carolina

Decided September 25, 1957

Supreme Court of North Carolina · decided 1957-09-25

Key passage — most relied on by later courts

“affirmatively establish that each juror assented to the verdict entered[,]”

quoted by 1 later decision, including 188 N.C. App. 166 - State v. Hagen

Relies on State v. Cephus · State v. . Boger · Lipscomb v. . Cox

Good law ✅— No negative treatment on recordhow we know

Decided 1957-09-25

How this case has been cited

Cited by 31 later decisions — most recently January 2008 · most notably Miranda v. United States (1958), State v. Tirado (2004)

5 federal appellate · 24 state decisions

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 →

Per Curiam.

¶1 Our Constitution provides: “No person shall be-convicted of any crime but by the unanimous verdict of good and lawful persons in open court.” Art. I, sec. 13.

¶2 When requested in apt time, a party is entitled to have the jury polled; that is, an inquiry directed to each juror in order to ascertain his assent to the announced verdict. When so polled and the verdict is challenged, the record must affirmatively establish that each juror assented to the verdict entered. S. v. Cephus, 241 N.C. 562, 86 S.E. 2d 70; S. v. Boger, 202 N.C. 702, 163 S.E. 877; Oil Co. v. Moore, 202 N.C. 708, 163 S.E. 879; Lipscomb v. Cox, 195 N.C. 502, 142 S.E. 779. The verdict now challenged does not, on the record, meet the test.

¶3 New trial.