28 S.E. 552 | N.C. | 1897
The defendants — M. M. Furr, a justice of the peace; D. M. Widenhouse, Jason Furr, Hiram Cox, and Luther Bost — were indicted for compounding a felony, charged in the indictment to have been committed by the last three of the above named. The defendants Widenhouse and M. M. Furr, the justice of the peace, alone were put upon trial. There seems to be a conflict between the printed record and the transcript as to whether Widenhouse was tried and convicted, but that is immaterial, as the defendant M. M. Furr is the only appellant here.
The special instructions asked by the defendant were given just as requested, except that the fourth was modified. In that fourth prayer the defendant asked his Honor to give an instruction in the following words: "4th. The defendant M. M. Furr, being a justice of the peace, is not guilty of compounding a felony for merely making an honest mistake in judgment in regard to his duty to dismiss the defendants charged before him with felony. If he, through ignorance of law, failed to conduct the case against the defendants charged with the stealing of the goods of Mrs. Widenhouse in a regular and orderly manner, he is not guilty. The jury must be fully satisfied that said Furr acted in such case corruptly and for a reward or advantage."
His Honor gave every word of it, except that he left out the words "he is not guilty," and substituted therefor "this alone would not make him guilty."
On motion for a new trial, the grounds for the same were (608) based, first, on an alleged insufficiency of the evidence as to the receipt by Furr of any benefit or advantage derived from the alleged compounding, or that he had made any agreement not to prosecute the defendants, Jason Furr, Cox, and Bost.
The matter alleged as a first ground for a new trial was too late. Exceptions to the sufficiency of evidence must be taken before verdict. S.v. Harris,
A motion in arrest of judgment was made on the following ground: "Because the indictment charges that Hiram Cox, Luther Bost, and Jason Furr committed the felony which the defendants, M. M. Furr, Jason Furr, D. M. Widenhouse, and others, are now indicted for compounding, but the State has failed to show that Hiram Cox, Luther Bost, or Jason Furr had committed the felony alleged to have been by them compounded with defendants M. M. Furr and D. M. Widenhouse."
The motion was improper. Judgment can only be arrested in criminal cases where the defect appears upon the record proper. S. v. Potter,
No error.
Cited: S. v. Hodge,