Reed v. . Madison County

It follows from what is said in the case of Brigman v. Baley, ante, 119, that the challenge to the array should have been sustained. McIntosh, N. C. Prac. and Proc., 596. But this alone would not entitle the defendants to a venire de novo. S. v. Levy, 187 N. C., 581, 122 S. E., 386. Non constat that they may not have had a jury to their liking or that they were prejudiced thereby. Indeed, it appears from the record that no member of the original panel served on the jury in this case. It seems to have been composed of talesmen. Judgments are not to be disturbed for jury defect except upon…