{
  "id": 8552197,
  "name": "STATE OF NORTH CAROLINA v. MATTHEW DANNY TEACHEY and RONALD WHITAKER",
  "name_abbreviation": "State v. Teachey",
  "decision_date": "1975-06-18",
  "docket_number": "No. 753SC186",
  "first_page": "338",
  "last_page": "339",
  "citations": [
    {
      "type": "official",
      "cite": "26 N.C. App. 338"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T16:59:13.418266+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Chief Judge Brock and Judge Hedrick concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. MATTHEW DANNY TEACHEY and RONALD WHITAKER"
    ],
    "opinions": [
      {
        "text": "MORRIS, Judge.\nCounsel for the defendant requests that we review the record to determine whether the trial court committed error. We have examined the record and find that although the defendant was tried on two indictments, the jury returned only one verdict. The jury found that the defendant was \u201c [g] uilty of selling'or delivering'marijuana\u201d but in its verdict did not refer to'the charge of possession of more than one ounce of marijuana with intent to sell or deliver. It has been held a verdict- which refers to only one charge amounts to an acquittal on any other charges being tried at the same time. 3 Strong, N. C. Index 2d, Criminal Law, \u00a7 124, pp. 37-38, and cases cited therein. Accordingly, a judgment of acquittal should be entered in case number 74CR6249.\nAlthough we find no error in the trial, the case must be remanded to the Superior Court of Carteret County for the entry of a proper judgment in case number 74CR6249.\nRemanded for entry of judgment of acquittal in case number 74CR6249.\nNumber 74CR6250 \u2014 no error.\nChief Judge Brock and Judge Hedrick concur.",
        "type": "majority",
        "author": "MORRIS, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Assistant Attorney General Myron C. Banks, for the State.",
      "Edward G. Bailey for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. MATTHEW DANNY TEACHEY and RONALD WHITAKER\nNo. 753SC186\n(Filed 18 June 1975)\nCriminal Law \u00a7 124\u2014 two charges \u2014 verdict referring only to one charge \u2014 acquittal on other charge\nWhere defendant was tried on charges of (1) possessing more than one ounce of marijuana with intent to sell or deliver and (2) selling or delivering marijuana, and the jury verdict found defendant \u201cguilty of selling and delivering marijuana\u201d but did not refer to the charge of possession with intent to sell or deliver, the verdict amounted to an acquittal on the charge of possession with intent to sell or deliver. .\nAppeal by defendant Teachey from Rouse, Judge. Judgment entered 6 December 1974 in Superior Court, Carteret County. Heard in the Court of Appeals- 7 May 1975.\nDefendant Teachey was charged with: (1) possessing more than one ounce of marijuana with intent to sell or deliver, and (2) selling or delivering marijuana. The two charges were consolidated for trial. Upon his plea of not guilty, the jury returned a verdict of guilty of selling or delivering marijuana. From judgment sentencing him to imprisonment for a term of. \u201cnot to exceed 2 years in the Department of Corrections as a committed Youthful Offender pursuant to G.S. 148-3A,\u201d defendant Teachey appealed.\nAttorney General Edmisten, by Assistant Attorney General Myron C. Banks, for the State.\nEdward G. Bailey for defendant appellant."
  },
  "file_name": "0338-01",
  "first_page_order": 366,
  "last_page_order": 367
}