State v. . Durham
Supreme Court of North Carolina
INDICTMENT for rape, tried before Kerr, Jand a jury, at the Fall Term, 1874, of Guilfoed Superior Court. The prisoner was arraigned and found guilty on the following indictment : “ State of Noeti-i Cabolina, 1 Superior Court, Guilford county, j December Term, 1874. The juboRS foe the State upon theie oaths peesent, That James Durham, of the county of Guilford aforesaid, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil,…
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INDICTMENT for rape, tried before Kerr, Jand a jury, at the Fall Term, 1874, of Guilfoed Superior Court. The prisoner was arraigned and found guilty on the following indictment : “ State of Noeti-i Cabolina, 1 Superior Court, Guilford county, j December Term, 1874. The juboRS foe the State upon theie oaths peesent, That James Durham, of the county of Guilford aforesaid, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the first day of August, in the year of our Lord, one thousand eight hundred and seventy-four, with force and arms at…
1Opinion of the CourtByNuh, J.
1. After the jury had been charged by the Court and had retired to consider of their verdict, it was made to appear that one of the jurors was needed in Court as a witness in a case then called for trial, whereupon the Court directed the juror to be brought from the jury room, asa witness, and upon the case being continued, he was immediately returned to the jury room. This temporary separation of the juror from his fellow’s, by the direction and under the supervision of the Court, does not vitiate the verdict, as has been determined by this Court in many eases. State v. Miller, 1 Dev. & Bat.…
2Cases cited1 opinion
- Moore v. EdmistonSupreme Court of North Carolina · 1874
3Cited by4 opinions
- State v. . PerkinsSupreme Court of North Carolina · 1880
- State v. . GoldstonSupreme Court of North Carolina · 1889
- State v. . ArringtonSupreme Court of North Carolina · 1819
- State v. . TilghmanSupreme Court of North Carolina · 1850