State v. . Haywood
Supreme Court of North Carolina
IndiotmeNT for forgery, tried betore Clark, Judge, and a jury, at September Criminal Term, 1885, of the Superior Court of Wake county.
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IndiotmeNT for forgery, tried betore Clark, Judge, and a jury, at September Criminal Term, 1885, of the Superior Court of Wake county. The indictment on which the defendant was tried and convicted, consists of one count, charging forgery, contained in a bill passed on by the grand jury, at June Term, 1884, of Wake Superior Court, and of two others, the first charging forgery, and the second the uttering of a forged order, passed on at July Term, 1885. These bills were consolidated by order of the Court, as authorized by the rulings in State v. Johnson, 5 Ired., 221, and State v. Watts, 82 N.…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The authorities in this State fully settle these two propositions of law-:
1. The non-payment of taxes for the year preceding the first Monday in September, when the list is made of competent jurors, constitutes a disqualification to act. The Code, §§1722 and 1723; State v. Griffin, 74 N. C., 316; State v. Watson, 86 N. C., 624.
2. The objection to a grand juror who acted in passing upon the indictment, based on such incapacity, taken in apt time and in a proper manner, is fatal to the prosecution.
The regular and appropriate method of making the objection under the…
2Cases cited8 opinions
- People v. FarrellCalifornia Supreme Court · 1867
- State v. . GrifficeSupreme Court of North Carolina · 1876
- State v. . HaywoodSupreme Court of North Carolina · 1875
- State v. . SwepsonSupreme Court of North Carolina · 1879
- State v. . WatsonSupreme Court of North Carolina · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- State v. PropstSupreme Court of North Carolina · 1968
- Miller v. StateSupreme Court of North Carolina · 1953
- State v. Peoples.Supreme Court of North Carolina · 1902
- State v. . LevySupreme Court of North Carolina · 1924
23 more not listed; retrieve them via the Exa API.