State v. . Wilcox
Supreme Court of North Carolina
Grand Jury — Presentment—Residence—Irregularity in Drawing Jurors — Indictment. This was an Indictment for Perjury, tried at Spring Term, 1889, of the Superior Court of Asi-ie County, before Arm-field, J. The defendant filed a plea in abatement, and the Solicitor agreed with his counsel as to the following facts: “A plea in abatement having been interposed in the above-entitled case, because of the irregularity of the drawing of the grand jury which found the bill, and of…
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Grand Jury — Presentment—Residence—Irregularity in Drawing Jurors — Indictment. This was an Indictment for Perjury, tried at Spring Term, 1889, of the Superior Court of Asi-ie County, before Arm-field, J. The defendant filed a plea in abatement, and the Solicitor agreed with his counsel as to the following facts: “A plea in abatement having been interposed in the above-entitled case, because of the irregularity of the drawing of the grand jury which found the bill, and of the incompetency of two of said grand jurors, it is agreed upon the part of the Solicitor representing the State and the…
1Opinion of the Court
Avery, J
—after stating the facts: The fact that a member of the grand jury that found the indictment was also one of the petit jury that tried the action in which, as it is charged,, the perjury was committed, is not good ground for a plea in abatement. If the juror was not otherwise disqualified by law, his personal knowledge or opinion that there was probable cause for believing the defendant guilty of perjury,, found from what occurred under his own observation when he was required to critically and closely scrutinize the evidence, made it his duty to disclose such peculiar knowledge to…
2Cases cited7 opinions
- Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
- State v. WolcottSupreme Court of Connecticut · 1851
- Willey v. StateIndiana Supreme Court · 1874
- Strother v. ChristySupreme Court of Missouri · 1829
- State v. . IveySupreme Court of North Carolina · 1888
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3Cited by15 opinions
- Bartram v. StateCourt of Special Appeals of Maryland · 1976
- State v. . GosnellSupreme Court of North Carolina · 1935
- State v. DisbrowSupreme Court of Iowa · 1906
- Bartram v. StateCourt of Appeals of Maryland · 1977
- State v. SmarrSupreme Court of North Carolina · 1897
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