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74 N.C. 246

State v. . Hudson

Supreme Court of North Carolina

Decided January 5, 1876

Supreme Court of North Carolina · decided 1876-01-05

<p>Where the jury return a verdict of “guilty of shooting,” upon an. indictment for an assault and battery, drawn in the usual form, judgment will be arrested.</p> <p>Whether, if the bill had charged that tbe assault-was made, by shooting at the prosecutor, the verdict could be sustained, Quere ? {State v. Arrington, 3 Murphy 571, cited and approved.)</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1876-01-05

How this case has been cited

Cited by 3 later decisions — most recently March 1974

2 state decisions

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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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Btnum, J.

¶1 Tbe defendant was indicted for an assault and 'battery, in a bill drawn in tbe ordinary form. Tbe jury for their verdict returned “ that the said Cephas Hudson is guilty -of shooting.” Shooting at wrhat ? In what direction ? If at any human object, was that object within the carrying distance of the gun, so as to constitute an assault ? If the indictment had charged that the assault was made by shooting at the prosecutor, possibly the verdict could be sustained by the reasonable certainty of its meaning, to be obtained by construing the bill and verdict together. But the instrament contains no such charge, and the verdict standing by itself is therefore senseless, certainly it is not responsive to the indictment. The courts should never allow such absurd and irre- *247 sponsive verdicts to be recorded. They should have the jury to correct them, so as to be in conformity to law and to present an intelligent record. State v. Arrington, 3 Murph. 511. There is error.

¶2 Per Curiam. Judgment arrested.

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