Legal Opinion

State v. . Brogden

Supreme Court of North Carolina

Decided September 5, 1892PublishedCited by 16 opinions

This was an indictment for murder, tried at the September Term, 1892, of WayNE Superior Court, before Bryan, J. The defendant pleaded not guilty, and the Court ordered a special venire of two hundred to be drawn from the jury box. This order was made on motion of the Solicitor for a venire of one hundred and fifty. Box No. 1 was exhausted when one hundred and thirty-five were drawn out, and on motion of the Solicitor the order was amended so as to call for only that number.

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This was an indictment for murder, tried at the September Term, 1892, of WayNE Superior Court, before Bryan, J. The defendant pleaded not guilty, and the Court ordered a special venire of two hundred to be drawn from the jury box. This order was made on motion of the Solicitor for a venire of one hundred and fifty. Box No. 1 was exhausted when one hundred and thirty-five were drawn out, and on motion of the Solicitor the order was amended so as to call for only that number. A jury was obtained before the prisoner exhausted his special.challenges. The Court found, upon sufficient evidence,…

1Opinion of the Court

Clark, J.:

It rests in the discretion of the trial judge to order a special venire in capital cases, and likewise determine its number. The Code, § 1738. It is equally in his discretion subsequently to amend the order so as to increase or decrease the number of such venire. In this case certainly the prisoner had no cause to complain, as the jury was obtained from the regular panel and the reduced venire without exhausting the prisoner’s peremptory challenges. State v. Hensley, 94 N. C., 1021; State v. Pritchett, 106 N. C, 667. But had the venire proved insufficient, the statute (The Code, §…

2Cases cited2 opinions

  1. State v. . HensleySupreme Court of North Carolina · 1886
  2. State v. . WilliamsSupreme Court of North Carolina · 1872

3Cited by16 opinions

  1. State v. PeeleSupreme Court of North Carolina · 1968
  2. State v. . LevySupreme Court of North Carolina · 1924
  3. State v. . WhittSupreme Court of North Carolina · 1893
  4. Ives v. RailroadSupreme Court of North Carolina · 1906
  5. State v. SmarrSupreme Court of North Carolina · 1897

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