State v. . Kinsauls
Supreme Court of North Carolina
INDICTMENT for murder of John, C. Herring, tried before Bryan, J., at October Term, 1899, of the Superior Court of SawpsoN County. The prisoner was convicted of murder in tbe first degree, and from the death sentence appealed to Supreme Court. There was a “broadside” exception to the Judge’s charge, which by consent of Attorney-General, was allowed to be substituted, nunc pro tunc by specific exceptions, which were considered by the Court, and appear in the opinion.
1Opinion of the CourtClark, J.
The exceptions to> jurors were properly abandoned in this Court. The finding of fact by the Judge that a juror is indifferent is not reviewable. State v. Potts, 100 N. C., 457; State v. Fuller, 114 N. C., 891. Besides, other exceptions to jurors if made could not be reviewed, since Hie prisoner did not exhaust his peremptory challenges. State v. Hensley, 94 N. C., 1021; State v. McDowell, 123 N. C., 764; Walser’s Digest, 281.
The only exception to evidence was that which showed weapons in possession of the prisoner but which was competent to show preparation. The sole exception to the charge…
2Cases cited12 opinions
- State v. . PottsSupreme Court of North Carolina · 1888
- State v. . HensleySupreme Court of North Carolina · 1886
- Boon v. . MurphySupreme Court of North Carolina · 1891
- State v. . WarrenSupreme Court of North Carolina · 1885
- State v. . UsserySupreme Court of North Carolina · 1896
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3Cited by20 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- State v. ChildsSupreme Court of North Carolina · 1967
- State v. SpencerSupreme Court of North Carolina · 1954
- State v. . WhitleySupreme Court of North Carolina · 1935
- State v. . MaloneeSupreme Court of North Carolina · 1910
15 more not listed; retrieve them via the Exa API.