{
  "id": 8698299,
  "name": "THE STATE vs. THOMAS H. CHRISTMAS",
  "name_abbreviation": "State v. Christmas",
  "decision_date": "1839-12",
  "docket_number": "",
  "first_page": "410",
  "last_page": "414",
  "citations": [
    {
      "type": "nominative",
      "cite": "3 Dev. & Bat. 410"
    },
    {
      "type": "official",
      "cite": "20 N.C. 410"
    }
  ],
  "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": "4 Dev. 305",
      "category": "reporters:state",
      "reporter": "Dev.",
      "case_ids": [
        11276496
      ],
      "opinion_index": 0,
      "case_paths": [
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      ]
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    {
      "cite": "2 Hawks, 431",
      "category": "reporters:state",
      "reporter": "Hawks",
      "opinion_index": 0
    },
    {
      "cite": "4 Bur. 2084",
      "category": "reporters:state",
      "reporter": "Bur.",
      "opinion_index": 0
    }
  ],
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  "last_updated": "2023-07-14T14:59:24.594429+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE STATE vs. THOMAS H. CHRISTMAS."
    ],
    "opinions": [
      {
        "text": "Gaston, Judge.\nThe counsel for the prisoner objects to the sufficiency of the record in this case to warrant the judgment which has been rendered upon it. The defect alleged is, for that it does not appear upon the record that the who returned the verdict finding the prisoner guilty of the felony and murder charged in the indictment, was sworn to try the matter put in issue by the prisoner\u2019s plea. We have considered the objection, and are of opinion that it cannot be sustained.\nIn our Bill of Rights it is declared, that \u201c no freeman shall be put to answer any criminal charge but by indictment, presentment or impeachment;\u201d and that \u201c no freeman shall convicted of any charge but by the unanimous verdict good and lawful men, in open Court, as heretofore used.\u201d Declaration of Rights, sections 7 & 8. These declarations have a plain reference to the provisions which the laws England had devised for the protection of persons charged with criminal offences, and which had been brought over by our ancestors and incorporated into our jurisprudence before the Revolution. An indictment is a written accusation by the State against the prisoner, preferred upon the oaths twelve or more of his fellow citizens called a grand jury; and if the truth of that accusation be denied by the prisoner, cannot be convicted thereof, unless it be confirmed by the nanimous suffrages of twelve more of his fellow citizens as petit jury. In capital cases, though it is usual to make up an issue with the prisoner on his plea of not guilty, yet it is not necessary so to do. The issue is immaterial, for the trial is in the nature of an inquisition, in which the jury is charged to enquire of the truth of the accusation contained in the A dictrnent\u20141 Chitty on Criminal Law, 481\u2014Queen vs. Tutchin, 6 Mod. 281\u2014Rex vs. Oneby, 2 Stra. 775\u2014Rex vs. Royce, 4 Bur. 2084\u20142085. As was properly said in 47 * 4 1 J gument in the King vs. Dowlin, 5 Term Rep. 314, manner of calling upon the prisoner how he will acquit self of the charge, the subsequent demand of the manner which he will be tried, the oath of the jury to make true liveranee of the prisoner, whom they have in charge, charge given to the jury when empannelled, and the oath ministered to the witnesses, are all indicative of an inquisition, and not of an issue to be tried between parties.\u201d It would probably not be error, if the record were to set forth (j-^ verdict as a finding on the issue joined between the State and the prisoner, where the issue is joined on the truth of indictment; but certainly such is not the regular form of stating it. In the Appendix to the 4th vol. of Blacksfone\u2019s \u00b0 .... ..... . Commentaries is given the record of an indictment and conviction of murder, in which, after setting forth the indictment against the prisoner, (Peter Hunt,) his arraignment, his denb al of the truth of the matters therein charged upon him, and thereof for good and evil putting himself upon the country, an\u00bf that the clerk of the assises, who prosecutes for the King . r . _ , in this behalf, doth the same, it sets forth an order for a jury come 11 to recognize upon their oath whether the said Peter Hrmt be guilty of the felony and murder in the indictment aforesaid above specified or not guilty, and that the jurors of the said jury for this purpose by the said sheriff im-panelled and returned, do come, and then proceeds thus: \u201c who being elected, tried and sworn to speak the truth of and concerning the premises, upon their oath say,\u201d &c., &c.\nWouid ror, if die record were to set forth asYlndh\u00edg on h<Mie tween ihe theprfsoner, where the issue is joined on \u00edhe ment, bm the regular ItathigV.\nThe objection then resolves itself into this, that the record does not shew with requisite certainty, that the jury was sworn to try the truth of the matters charged in the indictment. Now the record sets forth the indictment, the answer of the prisoner upon the enquiry how he will acquit himself of the premises in that indictment charged upon him, \u201c that he is not guilty thereof, and therefor for good and evil puts himself upon the country;\u201d and also, that \u201c the Attorney General, who in this behalf prosecutes for the State, doth the like;\u201d and thereupon it is ordered, \u201c let a jury, by whom the truth thereof may be the better known, come.\u201d Then, after stating other matters which ought not to have a place in the record, it proceeds, \u201c and afterwards, in the said case, State vs. Thomas H. Christmas, indictment, murder, the following jury being sworn and empanelled, to wit,\u201d (naming them,) \u201c who say that the prisoner, Thomas H. Christmas, is guilty of the felony and murder ill manner and form as charged in the indictment.\u201d Now, it would seem to be a sufficient answer to the supposed uncertainty in regard to the oath ministered to the jury, that this is a record of the proceedings, not of an inferior court properly so called, but of a court of supreme original jurisdiction, and that the law always presumes, until the contrary appears, that the proceedings which the record of that court shews to have been had, were, as 7 7 concerns form and manner, correctly done. State vs. Kimbrough, 2 Hawks, 431 \u2014 State vs. Seaborn, 4 Dev. 305. But it is not necessary to rely upon this answer. For however unclerical may be several of the terms to be found in this -record, and however much to be regretted any deviation in a record of so grave a character, from the appropriate language to which long established forms have given a precise meaning \u2014 a deviation justly calling for a strict scrutiny into the import of the terms used \u2014 yet, on the record, such as it is, there is no rational ground for the alleged doubt. indictment contains the accusation \u2014 the prisoner denies it \u2014 a jury is ordered to try the truth of it \u2014 that jury is sworn and returns a verdict directly responsive to the accusation. The record cannot be otherwise understood than as averring, if not in express terms, yet by necessary implication, that the jury so sworn was sworn to try what it was ordered to try\u2014 what alone was to be tried \u2014 what the jury did try \u2014 the truth of the accusation. It is enough that the r\u00e9cord be certain to a certain intent in general. -It is not necessary that it should be certain to a certain intent in event particular, so as - , solntely to exclude every possible conclusion, all argument, presumption or inference against it. The time was in land when, it being entirely at the pleasure of the crown to grant or refuse a writ of error m any criminal case, subtle objections, like that now raised, were allow.ed to prevail, in order to carry into effect the presumed will of the crown to extend mercy to the prisoner. But it has long since been settled there, and certainly is the law here, that a judgment in a criminal case cannot be reversed without shewing substantial error.\ni\u201e a court of supreme original ju-risiiictio\u00bb, ways'pre-\"\u2019 proceeding\u00bb record1 of uom,t have been ^concern\u00bb and correctly \u201c '\n. \u00abimt tbe\u201d^ \u201c\u201cd\u00edc-men\" mu,'der\u00bb be cei-uun to a ceiiam n si.ouid be certain \u00a1n- /\u00ab'\u2022- s\".\u2122 to \"x\"iu\u00bf elusion, all' argument, \u00edyesump-a-\nThis Court is of opinion that no error appears in the record of the proceedings below, to warrant a reversal of the ment there rendered. This decision must be certified to Superior Court of Law for the County of Warren, with directions to proceed to judgment and sentence of death against the prisoner, Thomas H. Christmas, agreeably thereto and to the laws of the State*\nPer Curiam. - Judgment to be affirmed.",
        "type": "majority",
        "author": "Gaston, Judge."
      }
    ],
    "attorneys": [
      "Badger for the prisoner.",
      "The Attorney General for the State."
    ],
    "corrections": "",
    "head_matter": "THE STATE vs. THOMAS H. CHRISTMAS.\nDec. 1839\nWhere the record of an indictment for murder set forth the indictment, the answer of the prisoner to the enquiry how he would acquit himself, the reply of the Attorney General, the order for a jury to come, and then proceeded, \u201c and afterwards in the said case, State vs. Thomas H. Christmas, indictment, Murder, the following jury being sworn and empannelled, to wit, &e.,who say that the prisoner, Thomas H. Christmas, is guilty of the felony and murder in manner and form as charged in the bill of indictment,\u201d it was held, that the record shewed, if not in express terms, yet by necessary implication and with requisite certainty, that the jury was sworn to try the truth of the matters charged in the indictment.\nThe prisoner was convicted of murder, at Warren, on the last circuit, before his honor Judge Saunders; and upon his appeal, the transcript of the record sent up sets forth the indictment as found at the Spring Term, 1839, of Warren Superior Court, and that the prisoner, upon its being read to him, and it being demanded of him \u201c how he will acquit himself of the premises above laid to his charge, says he is not guilty of the felony and murder in manner and form as in and by the said bill of indictment he stands charged: and therefor for good and evil he puts himself upon God and the country; and the Attorney General, who in this behalf prosecutes for the State, doth the like. Therefore let a jury, by whom the truth of the matter may be better known, come.\u201d The record then, after setting forth an affidavit of the prisoner for the continuance of his cause, the order of the Court for its continuance, and the recognizances of several witnesses, both for the State and .the defendant, to appear and give evidence at the next term, states, that at the next term of said Court an order was made for a special venire, and after giving the. return of the sheriff thereto, proceeds, 11 and after-terwards in the said case, State vs. Thomas II. Christmas, indictment, Murder, the following jury being sworn and em-panelled, to wit,\u201d (naming them,) \u201c who say that the prisoner, Thomas II. Christmas, is guilty of the felony and murder in manner and form as charged in the indictment.\u201d\nBadger for the prisoner.\nThe Attorney General for the State.\n\u00a1(al ausuafto 13 \u2122sa\u201eee onehisS\u00b0>ur of not gu\u00a1i-s?i he issue is immaterial, ,\u00b0f an inquisition th^umh'^of aocusa-"
  },
  "file_name": "0410-01",
  "first_page_order": 530,
  "last_page_order": 534
}