{
  "id": 8620028,
  "name": "STATE v. HENRY MOSLEY",
  "name_abbreviation": "State v. Mosley",
  "decision_date": "1938-01-05",
  "docket_number": "",
  "first_page": "766",
  "last_page": "767",
  "citations": [
    {
      "type": "official",
      "cite": "212 N.C. 766"
    }
  ],
  "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": "166 S. E., 396",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "203 N. C., 513",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8614436
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/203/0513-01"
      ]
    }
  ],
  "analysis": {
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    "ocr_confidence": 0.467,
    "pagerank": {
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    "sha256": "b138383c55cec77acc8c384f1bb89e1f430fb75ddff06b36615edc662efbb7a3",
    "simhash": "1:abfef7a227b5a7ab",
    "word_count": 326
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  "last_updated": "2023-07-14T21:30:43.466662+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. HENRY MOSLEY."
    ],
    "opinions": [
      {
        "text": "'WiNBORNE, J.\nTbe record on appeal discloses tbat-tbe verdict as recorded is simply \u201cGuilty.\u201d However, in settling tbe ease on appeal, tbe judge below finds as facts tbat when tbe jury announced its verdict of guilty tbe court said to tbe jury, \u201cGuilty of what?\u201d Tbat tbe jurors answered for tbeir verdict: \u201cGuilty of murder in tbe first degree,\u201d and tbat tbe clerk in writing tbe minutes inadvertently left out tbe said question and answer. Nevertheless it does not appear tbat tbe said findings of fact were made in open court, tbat tbe defendant was present in person, or tbat the records have been corrected to speak tbe truth.\nMotion of tbe State to remand tbe cause for correction of tbe record will be allowed in accordance with S. v. Brown, 203 N. C., 513, 166 S. E., 396.\nRemanded.",
        "type": "majority",
        "author": "'WiNBORNE, J."
      }
    ],
    "attorneys": [
      "Attorney-General Seawell and Assistant Attorney-General McMullan for the State.",
      "Phin Eorton, Jr., John 0. Wallace, and Richmond Rucker for defendant, appellant."
    ],
    "corrections": "",
    "head_matter": "STATE v. HENRY MOSLEY.\n(Filed 5 January, 1938.)\nCriminal Law \u00a7 77e: Homicide \u00a7 28 \u2014 Case remanded for correction of record to show proper verdict of jury in this homicide prosecution.\nThe record disclosed that the jury, in this homicide prosecution, returned a verdict simply of \u201cguilty,\u201d and in settling the case on appeal the trial court found that the clerk inadvertently failed to record the question by the court, \u201cGuilty of what?\u201d and the answer by the jury, \u201cGuilty of murder in the first degree.\u201d It did not appear that the judge\u2019s findings were made in open court and in the presence of the defendant, or that the record was corrected to speak the truth. Held,: The case is remanded on motion of the State for a correction of the record.\nAppeal by defendant from Ear ding, J., at May Term, 1937, of Forsyth.\nCriminal prosecution tried upon indictment charging the defendant with the murder of Clarence Black.\nVerdict: Guilty.\nJudgment: Death by asphyxiation.\nAttorney-General Seawell and Assistant Attorney-General McMullan for the State.\nPhin Eorton, Jr., John 0. Wallace, and Richmond Rucker for defendant, appellant."
  },
  "file_name": "0766-01",
  "first_page_order": 836,
  "last_page_order": 837
}