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STATE v. HARPER

No. 294.

69 S.E.2d 161 (1952)

235 N.C. 62

STATE v. HARPER et al.

Supreme Court of North Carolina.

February 1, 1952.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen., and C. G. Powell, Jr., Member of Staff, Raleigh, for State appellant.

C. W. Beaman and K. A. Pittman, Snow Hill, for defendant appellee.

VALENTINE, Justice.

It appears from the record that this case was tried upon an erroneous interpretation of the meaning of a "special verdict." A special verdict must contain the facts as established by the evidence to the satisfaction of the jury and not the evidence to prove them. State v. McIver, 216 N.C. 734, 6 S.E.2d 493; State v. High, 222 N.C. 434, 23 S.E.2d 343.

A special verdict is permissible in appropriate criminal cases, but when such procedure...

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