State v. . Powell
Supreme Court of North Carolina
INDICTMENT for burglary, tried before Philips, Judge, and a jury, at November Term, 1885, of the Superior Court of Edge-combe county. On calling the special venire, one Henry Weeks, who had been summoned, failed to answer. His name .was, by consent,, put into the hat with the names of the jurors who had answered, from which the jury was to be drawn. Before the-jury was completed, the name of this juror was drawn, and upon being called attain, failed to answer.
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INDICTMENT for burglary, tried before Philips, Judge, and a jury, at November Term, 1885, of the Superior Court of Edge-combe county. On calling the special venire, one Henry Weeks, who had been summoned, failed to answer. His name .was, by consent,, put into the hat with the names of the jurors who had answered, from which the jury was to be drawn. Before the-jury was completed, the name of this juror was drawn, and upon being called attain, failed to answer. Whereupon the prisoner claimed that this entitled him to an additional challenge. The Court ruled against the prisoner on this point,…
1Opinion of the CourtMerrimoN, J.
The first, second and third exceptions, in respect to the challenge of jurors, are manifestly untenable. State v. Carland, 90 N. C., 668.
The principle question presented by the record is, did the declarations of the prisoner, the circumstances, and all the facts in evidence on the trial, in their direct tendency, their natural relations to, and bearings upon each other, and the just inference to be drawn from them, constitute evidence to go to the jury, of the alleged intent of the prisoner to ravish the prosecutrix.
If there was such evidence, it was the province of the jury to determine its…
2Cases cited8 opinions
- State v. . SuggsSupreme Court of North Carolina · 1883
- Horah v. . KnoxSupreme Court of North Carolina · 1882
- State v. . WhiteSupreme Court of North Carolina · 1883
- State v. . CarlandSupreme Court of North Carolina · 1884
- State v. . NeelySupreme Court of North Carolina · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- State v. Wilcox.Supreme Court of North Carolina · 1903
- State v. . PrinceSupreme Court of North Carolina · 1921
- State v. . SteeleSupreme Court of North Carolina · 1925
- State v. . HarveySupreme Court of North Carolina · 1947
26 more not listed; retrieve them via the Exa API.