State v. Maultsby
Supreme Court of North Carolina
INDICTMENT against John W. Maultsby, beard by Judge W. S. O’B. 'Robinson and a jury, at January Term, 1902, of tbe Superior Court of Cumberland County. Erom a verdict of guilty and judgment thereon, the defendant appealed.
1Opinion of the CourtClark, J.
The motion to set aside the verdict on account of relationship between the prosecuting witness and a juror, which was discovered after verdict — even if such relationship is ground of objection, as to which it is not necessary to decide — rested in the discretion of the trial Court, and its refusal is not reviewable on appeal. This has been held where the relationship between a party and a juror is not discovered till after verdict. Spicer v. Fulgham, 67 N. C., 18; Baxter v. Wilson, 95 N. C., 137. The same ruling has been made where, after verdict, the juror was ascertained to be incompe tent…
2Cases cited13 opinions
- Baxter v. . WilsonSupreme Court of North Carolina · 1886
- State v. . LambertSupreme Court of North Carolina · 1885
- State v. . FreemanSupreme Court of North Carolina · 1888
- State v. . WhiteSupreme Court of North Carolina · 1873
- State v. . DavisSupreme Court of North Carolina · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. Lipscomb.Supreme Court of North Carolina · 1904
- State v. . BroadwaySupreme Court of North Carolina · 1911
- State v. . DegraffenreidSupreme Court of North Carolina · 1944
- State v. DrakefordSupreme Court of North Carolina · 1913
- State v. . UptonSupreme Court of North Carolina · 1915
22 more not listed; retrieve them via the Exa API.