Capehart v. . Stewart
Supreme Court of North Carolina
ClaiM AN© Delivery tried at Spring Terna, 1876, of Northampton Superior Court, before Henry, J. This action was instituted by the plaintiff, a white naan, against the defendant, a colored -man, to recover possession •of a horse. When the case was called for trial, there was a full jury of the original panel in the box, of whom-one only was colored. The plaintiff’s eounsel challenged this juror peremptorily, remarking at the time, that be did not know his name.
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ClaiM AN© Delivery tried at Spring Terna, 1876, of Northampton Superior Court, before Henry, J. This action was instituted by the plaintiff, a white naan, against the defendant, a colored -man, to recover possession •of a horse. When the case was called for trial, there was a full jury of the original panel in the box, of whom-one only was colored. The plaintiff’s eounsel challenged this juror peremptorily, remarking at the time, that be did not know his name. Thereupon the regular panel being exhausted, the judge requested the sheriff to summon from the bystanders a colored tales juror in…
1Opinion of the Court
Smith, O. J.
(After stating the case.) The only exception apparent on the record is that taken to the remark of thejudge to the sheriff requesting him to summon a colored tales juror in place of the one removed, and in our opinion it is entirely untenable.
A fair and impartial jury was obtained obnoxious to no just objection and acceptable to the plaintiff himself, since he still retained the right to strike two more jurors from the list and failed to exercise it. He has therefore no just cause of complaint.
“The right to challenge is given to prisoners," says Toomer, J., in State v. Arthur, 2…
2Cited by11 opinions
- State v. LowrySupreme Court of North Carolina · 1965
- State v. YoesSupreme Court of North Carolina · 1967
- State v. SpellerSupreme Court of North Carolina · 1949
- State v. WrightSupreme Court of North Carolina · 1968
- State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
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