State v. Rogers
Supreme Court of North Carolina
Appeal by defendant from Foushee, at Spring Term, 1913, of Haywood. Indictment for murder. Before impaneling the jury the solicitor announced that he would not ask for a verdict of murder in first degree. One of the jurors was taken ill, and the trial proceeded with eleven jurors. The defendants were convicted of manslaughter and sentenced to the penitentiary.
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Appeal by defendant from Foushee, at Spring Term, 1913, of Haywood. Indictment for murder. Before impaneling the jury the solicitor announced that he would not ask for a verdict of murder in first degree. One of the jurors was taken ill, and the trial proceeded with eleven jurors. The defendants were convicted of manslaughter and sentenced to the penitentiary. In apt time they moved in arrest of judgment as well as for a new trial, upon the ground that they were not tried by a lawful jury of twelve men. His Honor, upon such motion, rendered the following judgment: FINDING OF FACT. As the…
1Opinion of the Court
BeowN, J.,
after stating the case: It is elementary that a jury, as understood at common law and as used in our constitutions, Federal and State, signifies twelve men duly impaneled in the case to be tried. A less number is not a jury. Traction Co. v. Hof, 174 U. S., 91.
In Lamb v. Lamb, 4 Ohio St., 167, Chief Justice Thurman said: “That the term 'jury’ without addition or prefix imports a body of twelve men in a court of justice, is as well settled as any legal proposition can be.” Opinion of the Justices, 41 N. H., 550; United States v. 1363 Bags of Merchandise, 2 Sprague, 85; United States…
2Cases cited6 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- United States v. Philadelphia & Reading RailroadSupreme Court of the United States · 1887
- State v. . MossSupreme Court of North Carolina · 1854
- State v. . ScruggsSupreme Court of North Carolina · 1894
- United States v. One Thousand Three Hundred & Sixty-Three Bags of MerchandiseDistrict Court, D. Massachusetts · 1863
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3Cited by7 opinions
- State v. HudsonSupreme Court of North Carolina · 1971
- Cotton v. StateSupreme Court of Florida · 1923
- State v. ChamblissMississippi Supreme Court · 1926
- Keeling v. CommonwealthCourt of Appeals of Kentucky · 1918
- State ex rel. Warner v. BaerOhio Supreme Court · 1921
2 more not listed; retrieve them via the Exa API.