21 S.E. 701 | N.C. | 1895
The defendant pleaded not guilty and "former conviction." The jury found the following special verdict: "That on 1 March, 1895, in the county of Brunswick, the defendant had and carried concealed about his person while off his own premises a certain pistol as charged in the indictment; that at April Term, 1895, of this court the said defendant *612 was tried and convicted upon an indictment for an assault and battery committed 1 March, 1895, upon one John Billups with a certain deadly weapon, to-wit, the pistol before mentioned; that the time of carrying the concealed weapon as aforesaid was the same time at which the assault and battery upon Billups was committed and for which the defendant was convicted as aforesaid. If upon this state of facts the court is of opinion that the defendant is guilty, then the jury find him guilty, otherwise not guilty."
Upon the special verdict the court adjudged the defendant not guilty and from a judgment discharging the prisoner, the State appealed.
In S. v. Stevens,
It was sufficient upon the special verdict for the court to have judgment that the defendant was or was not guilty, but the entry upon such opinion of a verdict of not guilty worked no harm and did not prevent the appeal by the State. S. v. Ewing,
Upon the facts found by the special verdict a judgment of guilty *613
should have been entered. The case will be remanded that it may be so entered and sentence passed on the defendant in accordance therewith. S. v.Cody,
Reversed.
Cited: S. v. Lawson,
(1049)