State v. . Perry
Supreme Court of North Carolina
This was an indictment for murber, tried at Spring Term, 1853, of Wake Superior Court, before his Honor Judge Bailey. The facts of the case are sufficiently set forth in the opinion delivered by the Court.
1Opinion of the CourtNash, C. J.
The prisoner, through his counsel, has assigned several reasons to show that he is entitled to a venire de novo. The first is for an alleged error in the Court in setting aside a juror, on the challenge of the State, as of being of kin to the prisoner. The great grandmother of the juror Ray, was the sister of the grandmother of the prisoner. Lord Coke says that relationship is a good cause of principal challenge, “ no matter how remote soever, for the law presumeth that one kinsman doth favor another before a stranger.” Thomas’s Coke, 3 vol. 518. Mr. Chitty, in the 3 vol. of his Criminal Law,…
2Cited by10 opinions
- State v. AllredSupreme Court of North Carolina · 1969
- State v. . LevySupreme Court of North Carolina · 1924
- State v. . MerrickSupreme Court of North Carolina · 1916
- State v. LevySupreme Court of North Carolina · 1924
- State v. . TateSupreme Court of North Carolina · 1915
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