State v. . Tart

The sole question presented by the record is whether the judge should have set aside the verdict by reason of the fact that one of the jurors was related to the prosecuting witness within the seventh degree ?

It has been generally held that “the finding of fact by the presiding judge, who is far better acquainted with the surroundings than we can possibly be, is conclusive, and we cannot look into the affidavits, whether one or more, to reverse such finding.” S. v. Crane, 110 N. C., 530; Radford v. Young, 194 N. C., 747; S. v. Adkins, 194 N. C., 749.

Notwithstanding, it is also true that the…