State v. . Berry

In the record of the case sent to this Court, it appears that the jury which tried defendant was composed of only ten men.

The Constitution of North Carolina, Art. I, sec. 13, provides: “No person shall be convicted of any crime but by the unanimous verdict of a jury of good and lawful men in open court. The Legislature may, however, provide other means of trial for petty misdemeanors with the right of appeal.”

Nash, C. J., in S. v. Moss, 47 N. C., p. 68, says: “These principles are dear to every freeman; they are his shield and buckler against wrong and oppression and lie at the foundation of…