State v. Savage

State v. J. E. Savage.

State v. Savage, 76 S.E. 238 (N.C. 1912)

Court: Supreme Court of North Carolina · State Highest Courts
Decided: November 13, 1912
Judges: PER CURIAM.
Citations: 76 S.E. 238161 N.C. 2451912 N.C. LEXIS 408

Cited by 2

Headnotes

Verdict — Judgments—Motions in Arrest — Interpretation of Statutes. Upon a verdict finding that the defendant was “guilty of an attempt to commit the crime charged in the bill of indictment,” the offense being that prohibited by Revisal, sec. 3349, the judgment upon the verdict may not be arrested on defendant’s motion. Revisal, 3269.

Summary

Appeal by defendant from 0. II. Allen, J., at July Term, 1912, of Fobsyth. • The defendant was charged in the indictment with the violation of section 3349 of the Revisal, which denounces the crime against nature, and the jury returned as their verdict: “Guilty of an attempt to commit the crime charged in the bill of indictment.” Upon this verdict, the defendant was sentenced to four months in jail and assigned to work on the public roads. The defendant moved in arrest of judgment, which motion was overruled, and defendant appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Per Curiam

PeR Cueiam.

The judgment, upon the verdict of the jury, is fully authorized by Revisal, sec. 3269, which reads as follows :

“Upon the trial of any indictment the prisoner may be convicted of the crime charged therein or of a less degree of the same crime, or of an attempt to commit a less degree of the same crime.”

This statute was discussed in S. v. Brown, 113 N. C., 646 , and construed in accordance with the ruling of his Honor.

No error.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 2 cases

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State Highest Courts2

Relies on it most ⓘ

State v. Harward142 S.E.2d 691 (N.C. 1965)
State v. Jernigan122 S.E.2d 711 (N.C. 1961)

Most recent

State v. Harward142 S.E.2d 691 (N.C. 1965)
State v. Jernigan122 S.E.2d 711 (N.C. 1961)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	State v. Brown, 18 S.E. 51 (N.C. 1893)	17

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