State v. . Gragg
Supreme Court of North Carolina
Indictment for murder tried before Hoke, J., and a jury at June, 1897, Special Term of Caldwell Superior Court. The defendant was convicted of murder in the first degree and appealed. The facts are stated fully in the opinion of Furches, J., and in the dissenting opinion of Clark, J.
1DissentClark, J.
A jury is the constitutional mode provided for the trial of facts and juries are composed of twelve men, not of thirteen. It is not for the Judge to refuse to let a cause go to the jury unless the evidence is sufficient in his mind (sitting as a juror) to convict. If it were, then the fact that the Judge submits a case to the jury at all becomes the strongest kind of an intimation that in his opinion the jury should convict. State v. Green, 117 N. C., 695; State v. Kiger, 115 N. C., 746 ; State v. Christmas, 101 N. C. 749. If after a verdict of guilty the Judge thinks, notwithstanding the…
2Cases cited14 opinions
- Brown v. . KinseySupreme Court of North Carolina · 1879
- State v. . KigerSupreme Court of North Carolina · 1894
- State v. . PattersonSupreme Court of North Carolina · 1878
- State v. . WhiteSupreme Court of North Carolina · 1883
- State v. . PowellSupreme Court of North Carolina · 1886
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