State v. . Cunningham
Supreme Court of North Carolina
Indictment for mubdee, tried before Watts, J., at Fall Term, 1874, Madison Superior’Court. The defendant was charged with the murder of one Daniel Sternbergh, in the county of Buncombe, and the case was removed to Madison county upon the affidavit of the defendant. Upon the trial one G. W. Rhodes, one of the venire came upon the stand, was passed by the State, and tendered, whereupon he remarked he did not wish to be a juror in the case, as he was a cousin to the prisoner.
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Indictment for mubdee, tried before Watts, J., at Fall Term, 1874, Madison Superior’Court. The defendant was charged with the murder of one Daniel Sternbergh, in the county of Buncombe, and the case was removed to Madison county upon the affidavit of the defendant. Upon the trial one G. W. Rhodes, one of the venire came upon the stand, was passed by the State, and tendered, whereupon he remarked he did not wish to be a juror in the case, as he was a cousin to the prisoner. The counsel for the State stated that he was not aware <-f the jurors relationship at the time he passed him. The juror…
1Opinion of the CourtBtnum, J.
The prisoner was charged with the murder of one Daniel Sternbergh.
In making up the jury on the trial, one of the venire was called, and not being challenged by the State, was tendered to the prisoner, but before he was accepted, he objected to himself as being of kin to the prisoner. The Court thereupon stood him aside and the prisoner excepted. The jury was then completed with’óut exhausting the prisoner’s right of peremptory challenge. I n the State v. McNair, 66 N. C., 298, after twelve persons were tendered and accepted by the pris oner and sworn, but before they were empannelled, the…
2Cases cited1 opinion
- State v. . Columbus Adair .Supreme Court of North Carolina · 1872
3Cited by26 opinions
- State v. AtkinsonSupreme Court of North Carolina · 1969
- State v. WadeSupreme Court of North Carolina · 1979
- State v. HaywardSupreme Court of Minnesota · 1895
- S. v. . VannSupreme Court of North Carolina · 1913
- Buncombe County Commissioners v. TommeySupreme Court of the United States · 1885
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