State v. . Toole

Citations

• 11 S.E. 168
• 106 N.C. 736

Syllabus

<p>Ge) i eral Verdict — -Nuiswi ice — Indictm ent.</p> <p>1. When a ribald song, containing the stanza charged in the indictment, is sung in a loud and boisterous manner on the public street, in the presence of divers persons then and there present, and such” singing continues for the space of ten minutes, this is a nuisance, though the special words charged may not have been repeated.</p> <p>2. When there is a general verdict of guilty on an indictment containing several counts, and only one sentence is imposed, if some of the counts are defective the judgment will be supported by the good • count: and, in like manner, if the verdict as to any of the counts is subject to objection for admission of improper testimony or erroneous instruction, the sentence will be supported by the verdict on the other counts, unless the error was such as might or could have affected the verdict on them. State v. MoCanless, 9 Ired., 375, overruled.</p> <p>3. A defendant has the i ight to require a separate verdict to be rendered on each count, as he has the right to require the jury to be polled; but this is a privilege, and there is not error unless the defendant asks for a separate verdict, or that the jury be polled, and is refused. He waives the right to insist on them if not asked for in apt time.</p> <p>Avery, J., and Shepherd, J., dissenting.</p>