{
  "id": 11274904,
  "name": "THE STATE v. JAMES T. MOORE",
  "name_abbreviation": "State v. Moore",
  "decision_date": "1890-09",
  "docket_number": "",
  "first_page": "770",
  "last_page": "771",
  "citations": [
    {
      "type": "official",
      "cite": "107 N.C. 770"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "104 N. C., 837",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8652435
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/104/0837-01"
      ]
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    {
      "cite": "91 N. C., 568",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "89 N. C., 480",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8683396
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/89/0480-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T15:31:37.064200+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE STATE v. JAMES T. MOORE."
    ],
    "opinions": [
      {
        "text": "Merrimon, C. J.\nafter stating the facts: The trial was incomplete and ineffectual, certainly for the purposes of this .action. The jury rendered no verdict of guilty or not .guilty; they simply found that certain facts stated by them were true. It was not the province of the Court to find that the defendant was guilty or not guilty. It should have said that the facts found did or did not constitute the offence charged in the warrant, and the verdict of the jury should have been rendered by them in accordance with the opinion of the Court. This is well settled, and it is strange, indeed, that Courts so frequently, no doubt by mere inadvertence, fail to observe the law in such respect. State v. Bray, 89 N. C., 480; State v. Stewart, 91 N. C., 568; State v. Morris, 104 N. C., 837.\nThere is error. The case must be tried and disposed of according to law. To that end let this opinion be certified to the Superior Court.\nError.",
        "type": "majority",
        "author": "Merrimon, C. J."
      }
    ],
    "attorneys": [
      "The Attorney General, for the Stale.",
      "Mr. J. A. Lockhart, for defendant."
    ],
    "corrections": "",
    "head_matter": "THE STATE v. JAMES T. MOORE.\nSpecial Verdict.\nA special verdict which simply finds a certain state of facts, without a formal verdict of guilty or not guilty, in accordance with the opinion of the Court given upon the facts found, is incomplete, and will not support a judgment.\nThis was a criminal action, begun in the Municipal Court of McFarlan, in Anson County, and tried, upon appeal, before Bynum, J., at September Term, 1890, of the Superior Court of that county.\nThe defendant is charged with a violation of an ordinance of the town of McFarlan. The defendant pleaded former acquittal. On the trial the jury rendered what purported to be a special verdict, which concluded as follows: \u201c If, on these facts (the facts found), the defendant is guilty in law, we find him guilty; if, on these facts, he is not guilty in law, we find him not guilty.\u201d Thereupon the Court' made this entry on the record: \u201cUpon this verdict of the jury, the Court finds the defendant not guilty, and orders that he be discharged.\u201d The Solicitor for the State excepted, and appealed to this Court.\nThe Attorney General, for the Stale.\nMr. J. A. Lockhart, for defendant."
  },
  "file_name": "0770-01",
  "first_page_order": 806,
  "last_page_order": 807
}