Union County NcArchives Court.....Elizabeth Young, State V. 1892
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 25, 2011, 7:31 pm

Source: N C Reports
Written: 1892

The State v. Elizabeth Young

Charge in Writing

At the request of counsel, made in apt time, the Court must put its entire 
charge to the jury in writing, and it is error to charge them orally upon any 
point when they return into Court for instruction.

This was an Indictment for homicide, tried at the Fall Term, 1892, of Union 
Court, before Grave, J.

There was a verdict of guilty, and defendant appealed upon the grounds set out 
in the opinion.

The Attorner General for the State
R. H. Battle for defendant

NC Supreme Court Justice Burwell, J. - The prisoner's counsel, in apt time, 
requested his Honor to put his "entire charge" in writing, and pursuant to 
this request the charge in chief was written out and read the jury and they 
withdrew. The "case on appeal," which we must accept as an exact account of 
the proceedings on trial, states that after the jury had been out for some 
time, they "returned into Court and asked for further instruction as to the 
difference between, manslaughter and murder, his Honor proceeded to comply 
with their request, but failed to reduce his charge to the jury to writing, as 
he had been requested to do, to which the defendant excepted."

In Drake v. Connelly, 107 NC 463, it was decided that the refusal to put the 
charge in writing and read it to the jury, if the request that this should be 
done was made in apt time, entitled a party in a civil suit to a new trial, 
for the reason that such refusal would be plainly a violation of The Code, 
#414.

We think the prisoner is entitled to a new trial, and it is so ordered. (see 
court case for judge's full findings)

New Trial

Additional Comments:
In the NC Supreme Court September Term 1892

File at: http://files.usgwarchives.net/nc/union/court/elizabet2173gwl.txt

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