# State v. . Mosley

> Supreme Court of North Carolina · January 5, 1938 · 212 N.C. 766

URL: https://www.frixlaw.com/law-library/cases/3656355

## Case

- **Full name:** State v. Henry Mosley.
- **Court:** Supreme Court of North Carolina
- **Decided:** January 5, 1938
- **Citations:** 212 N.C. 766; 194 S.E. 486; 1938 N.C. LEXIS 229
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** WINBORNE, J.
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3656355

## Opinion text

Criminal prosecution tried upon indictment charging the defendant with the murder of Clarence Black.
Verdict: Guilty.
Judgment: Death by asphyxiation.
The record on appeal discloses that the verdict as recorded is simply "Guilty." However, in settling the case on appeal, the judge below finds as facts that when the jury announced its verdict of guilty the court said to the jury, "Guilty of what?" That the jurors answered for their verdict: "Guilty of murder in the first degree," and that the clerk in writing the minutes inadvertently left out the said question and answer. Nevertheless it does not appear that the said findings of fact were made in open court, that the defendant was present in person, or that the records have been corrected to speak the truth.
Motion of the State to remand the cause for correction of the record will be allowed in accordance with S. v. Brown , 203 N.C. 513 , 166 S.E. 396 .
Remanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3656355. Public record. Not legal advice.