State v. Douglas, 197 N.C. App. 215 (May. 19, 2009)

Ordering a new trial because of a defective verdict form. On the verdict form, the jury answered “Yes” to each of these questions: “Did the defendant possess cocaine, a controlled substance, with the intent to sell or deliver it? Did the defendant sell cocaine, a controlled substance, to Officer Eugene Ramos?” Because the verdict form did not include the words “guilty” or “not guilty,” the jury did not fulfill its constitutional responsibility to make an actual finding of defendant’s guilt. The verdict form only required the jury to make factual findings on the essential elements of the crimes; it thus was a “true special verdict” and could not support the judgment.