150 S.E. 330 | N.C. | 1929
At the February Special Term, 1929, of Robeson Superior Court, Hon. Cameron F. McRae, Special Judge presiding, upon the call of the present case for trial, wherein the defendant is *692
charged with a violation of the "Bad Check Law," by consent of the solicitor and counsel representing the defendant, it was agreed that the court might "find the facts and the law," whereupon the court entered a finding "that the defendant is guilty," and rendered judgment that he "pay a fine of $50 and costs." The defendant gave notice of appeal to the Supreme Court, but has failed to prosecute same as required by the rules.S. v. Taylor,
The motion of the Attorney-General to docket the appeal must be allowed.S. v. Clyburn,
It has been held in a number of cases that when a defendant in a criminal prosecution, on trial in the Superior Court, enters a plea of "not guilty" to the charge preferred against him, he may not thereafter, without changing his plea, waive his constitutional right of trial by jury. S. v.Hartsfield,
Of course, special verdicts are permissible in criminal cases, but when such procedure is had, all the essential facts must be found by a jury. S.v. Allen,
Error.