State v. . Ragland
Supreme Court of North Carolina
IndictmeNt for Rape, tried before Moore, J., at Spring Term, 1876, of Ed&ecombe Superior Court. " A tales juror was drawn, and challenged for cause, by the' State. The juror swore that all of his real estate was under mortgage, but that he was in possession thereof. The prisoner insisted that the juror was a freeholder. The Court allowed the challenge upon the ground that the juror was not a freeholder. There was a verdict of guilty. Motion for a venire de novo.
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IndictmeNt for Rape, tried before Moore, J., at Spring Term, 1876, of Ed&ecombe Superior Court. " A tales juror was drawn, and challenged for cause, by the' State. The juror swore that all of his real estate was under mortgage, but that he was in possession thereof. The prisoner insisted that the juror was a freeholder. The Court allowed the challenge upon the ground that the juror was not a freeholder. There was a verdict of guilty. Motion for a venire de novo. Motion overruled. Judgment was pronounced, and the prisoner appealed.
1Opinion of the CourtRodmaN, J.
By Rev. Code, chap. 31, sec. 29, it is required that tales jurors shall be freeholders. This section is reprinted in Bat. Rev., p. 860,. and is recognized as in force in\ Lee v. Lee, 71 N. C. Rep., 139.
A freeholder is one who owns land in fee, or for life, or for some indeterminate period. As there are legal and equitable estates, so there are legal and equitable freeholds. The act does not .say that a talis juror must have a legal freehold. The words' and apparent reason are satisfied by the ownership of am equitable one; as, for example, if he be a cestui qrn trust entitled to the…
2Cases cited1 opinion
- Lee v. . LeeSupreme Court of North Carolina · 1874
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