State v. . Moore
Supreme Court of North Carolina
INdiotMeut for murder, tried before Meares, J., and a jury, at December, 1896, Term of the Circuit Criminal Court for Halifax cou nty. Upon the trial a special venire of ninety was drawn from the box under the supervision of the court, as required by Section 14, Ch., 156, Acts of 1895, from which venire and the regular jurors a jury was selected. Eight of the special venire were called and passed by the State to the prisoner.
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INdiotMeut for murder, tried before Meares, J., and a jury, at December, 1896, Term of the Circuit Criminal Court for Halifax cou nty. Upon the trial a special venire of ninety was drawn from the box under the supervision of the court, as required by Section 14, Ch., 156, Acts of 1895, from which venire and the regular jurors a jury was selected. Eight of the special venire were called and passed by the State to the prisoner. Upon examination of them, respectively, it was found that two had suits pending and at issue in the Superior Court of Halifax county, five were not freeholders and one…
1Opinion of the Court
MONTGOMERY, J.:
The prisoner was indicted for murder and tried in the county of Halifax in the Circuit Criminal Court. In cases where a Judge of the Superior Court issues a special writ of venire facias only freeholders can be summoned. The Code, Sections 1738, 1739. It was argued here for the defendant thab he was entitled to a new trial upon the ground that the jurors who were the triers of the indictment against him were selected from a special venire ordered by the judge and summoned by the sheriff from the general jurv list of the county, irrespective of their qualifications as…
2Cases cited1 opinion
- State v. . WarrenSupreme Court of North Carolina · 1893
3Cited by1 opinion
- State v. . BrannerSupreme Court of North Carolina · 1908