Legal Opinion

State v. . Jones

Supreme Court of North Carolina

Decided February 5, 1887PublishedCited by 17 opinions

INDICTMENT for burglary, tried before Meares, Judge, and a jury, at November Term, 1886, of the Criminal Court of New Hanover county. The Court ordered a special venire of one hundred and twenty-five persons to be drawn and summoned in pursuance of the provisions of the act of the General Assembly prescribing how a special venire in capital cases should be drawn in the Criminal Court of New H anover county.

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INDICTMENT for burglary, tried before Meares, Judge, and a jury, at November Term, 1886, of the Criminal Court of New Hanover county. The Court ordered a special venire of one hundred and twenty-five persons to be drawn and summoned in pursuance of the provisions of the act of the General Assembly prescribing how a special venire in capital cases should be drawn in the Criminal Court of New H anover county. Upon the trial, and after the names of the special venire had been called and put in the hat, the prisoner challenged the array, on the ground, that the 19th section of ch. 63, laws' 1885,…

1Opinion of the CourtMerriuon, J.

The cause of challenge to the array is wholly without merit. The statute (acts 1885, ch. 63, §19), prescribing how a special venire ordered by the Judge of the Criminal Court in capital cases shall be drawn and summoned is substantially in effect the same as the general statute (The Code, §1739) on the same subject. The prisoner is not deprived of any right or cause of challenge that any other person, charged with the like felony in the Superior Court of any county in the State, would have under similar circumstances. The objection seems to rest upon the unfounded supposition, that the…

2Cases cited4 opinions

  1. State v. . JonesSupreme Court of North Carolina · 1872
  2. State v. . JonesSupreme Court of North Carolina · 1882
  3. State v. . RogersSupreme Court of North Carolina · 1885
  4. Holly v. . HollySupreme Court of North Carolina · 1886

3Cited by17 opinions

  1. State v. . PottsSupreme Court of North Carolina · 1888
  2. State v. GossSupreme Court of North Carolina · 1977
  3. Mabry v. StateSupreme Court of Arkansas · 1888
  4. State v. PearceSupreme Court of North Carolina · 1979
  5. State v. . BookerSupreme Court of North Carolina · 1898

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