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STATE v. HEMPHILL

No. 331.

160 S.E.2d 53 (1968)

273 N.C. 388

STATE v. Frank HEMPHILL.

Supreme Court of North Carolina.

March 27, 1968.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Deputy Atty. Gen. Harry W. McGalliard for the State.

Joseph H. Davis, Goldsboro, for defendant, appellant.

BRANCH, Justice.

The sole question presented for decision is: Did the trial court err in failing to accept the original verdict and to pass judgment thereon?

It is well established by our decisions that when a jury, in a criminal case, returns a verdict of guilty to some of the counts, but not to all, such verdict has the effect of an acquittal on the counts not referred to. State v. Rhinehart, 267 N.C. 470,

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