State v. . Gardner
Supreme Court of North Carolina
Jurors, Qualification of — Motion to Quash — Statute—Discretion — Appeal. This was an Indictment for Murder, tried at the September Term, 1889, of the Superior Court of WayNE County, before Armfield, J. The prisoner was arraigned on Tuesday of the first week of the Court and pleaded not guilty, whereupon the Court set the case for trial on Friday of same week, ordered a special venire of one hundred, had the names drawn from the jury bos in accordance with the provisions of…
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Jurors, Qualification of — Motion to Quash — Statute—Discretion — Appeal. This was an Indictment for Murder, tried at the September Term, 1889, of the Superior Court of WayNE County, before Armfield, J. The prisoner was arraigned on Tuesday of the first week of the Court and pleaded not guilty, whereupon the Court set the case for trial on Friday of same week, ordered a special venire of one hundred, had the names drawn from the jury bos in accordance with the provisions of The Code, § 1739. When the case was called for trial, and before any juror had been drawn or sworn, the prisoner moved…
1Opinion of the CourtAvery, J.
— after stating facts as above set forth: The exception to the refusal of the Court to allow the motion to quash, is founded upon the construction placed by the prisoner’s counsel upon §1741 of The Code, which is as follows:
“All exceptions to grand jurors for and on account of their disqualifications, shall be taken before the jury is sworn and impaneled to try the issue, by motion to quash the indictment, and if not so taken, the same shall be deemed to-have been waived.”
■ This section was first enacted as a part of The Code, and took effect in November, 1883. Prior to that time the old…
2Cases cited8 opinions
- State v. . CarlandSupreme Court of North Carolina · 1884
- State v. . HaywoodSupreme Court of North Carolina · 1886
- State v. . GrifficeSupreme Court of North Carolina · 1876
- State v. . HaywoodSupreme Court of North Carolina · 1875
- Sellers v. . SellersSupreme Court of North Carolina · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Miller v. StateSupreme Court of North Carolina · 1953
- State v. . BannerSupreme Court of North Carolina · 1908
- State v. . LevySupreme Court of North Carolina · 1924
- Wolfe v. North CarolinaSupreme Court of the United States · 1960
- State v. . DegraffSupreme Court of North Carolina · 1893
13 more not listed; retrieve them via the Exa API.