State v. . Shaw
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Halifax county, at Spring Term, 1843, his Honor Judge Manly presiding. The defendant was indicted for the murder of one Randolph Powell, and pleaded Not Guilty.
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Appeal from the Superior Court of Law of Halifax county, at Spring Term, 1843, his Honor Judge Manly presiding. The defendant was indicted for the murder of one Randolph Powell, and pleaded Not Guilty. In forming a jury to try the issue, a juror from the original panel was drawn, and, being brought to the book to be sworn, was challenged by the Attorney General in behalf of the State, and the cause of challenge alleged was, first, that the said juror had formed and delivered his opinion, that the prisoner was not guilty of the charge in the indictment specified ; and secondly, that he was…
1Opinion of the CourtGaston, J.
Upon the trial of the prisoner, a juror of the original panel was challenged by the State, because that he was connected by affinity with the prisoner, and upon its being shewn that the deceased wife of the prisoner was in her life time a cousin of the wife of the juror, the court allowed the challenge, the prisoner excepted thereto, and his exception was recorded. It does not appear, whether, at the time of the trial, there was or was not issue living of the prisoner by his deceased wife, and, as it is incumbent on him who challenges to make out his cause of challenge, we must understand…
2Cited by10 opinions
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- Steele v. SuwalskiCourt of Appeals for the Seventh Circuit · 1935
- Wilbe Lumber Co. v. CalhounMississippi Supreme Court · 1932
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