10 S.E. 857 | N.C. | 1890
The case has heretofore been fully reported in
Where there are two or more counts in an indictment charging offenses of the same grade and punishable alike, if a general verdict of guilty is rendered it will be sustained. In S. v. Williams, 9 Ired., 140, it is said: "The jury should be satisfied that the prisoner was guilty in one of the modes well charged; and if so, it is manifestly of no consequence whether the conviction was on any one or all of these counts, since the offenses were of the same grade and the punishment the same. The instruction might relieve the jury of some trouble in their investigation, but could work no prejudice to the prisoner." This is quoted *503
with approbation in S. v. Johnson,
In S. v. Johnson, supra, the Court made an exception to this principle, where the offenses charged in the several counts were of various grades, and punishable differently, upon the ground that it not being apparent upon which count the jury found the defendant guilty, it could not be seen that the verdict warranted the judgment. This decision is opposed to the rule which universally obtains in other states, that even in such cases the judgment will be sustained, and the punishment should be that appropriate to the highest grade. Crowley v. Commonwealth, 11 Metc., 575; S. v. Hood,
Instead of the jury returning a verdict of guilty generally, without specifying upon which count or counts, they were polled and rendered a verdict of guilty as to the first and second counts, and two of the jurors responding not guilty as to the third and fourth counts, a nol. pros. was entered as to them.
Thus there are two verdicts of guilty rendered distinctly and unmistakably by the jury: one finding defendants guilty of forgery on the first count, and the other finding them guilty of uttering forged paper upon the second count. The verdict upon the first count supports the judgment imposed. The second verdict may be treated as surplusage.
Very interesting questions were raised in the argument as to the effect of the writ of error in suspending the action of this Court, and whether the present motion could be entertained, after the final judgment rendered in this Court at the Fall Term, 1888. We are not to be considered as deciding those questions in favor of the defendants, as in the view we have taken it is unnecessary to pass upon them.
Motion in arrest denied.
Cited: S. v. Robbins,
(653)