State v. . Ellington
Supreme Court of North Carolina
Appeal from the Superior Court of -Law of Rocking-ham County, at the Fall Term, 1846, his Honor Judge Battle, presiding. The prisoner was indicted for murder, and when forming the jury, he challenged a person, tendered as a juror, because he was not indifferent for him.
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Appeal from the Superior Court of -Law of Rocking-ham County, at the Fall Term, 1846, his Honor Judge Battle, presiding. The prisoner was indicted for murder, and when forming the jury, he challenged a person, tendered as a juror, because he was not indifferent for him. To sustain the challenge before the Court, the prisoner offered that person as a witness ; and, being sworn, he stated, “ that he had formed and expressed an opinion, adverse to the prisoner, upon rumors which he had heard but that he had not heard a full statement of the case, and that his mind was not so made up as to…
1Opinion of the CourtRuffin, C. J.
The discussion in Benton’s case, 2 Dev. and Bat. 196, of the point respecting the juror, left little to be said on the rule in our law on that subject; and it is only necessary to compare the present case with that, to see that this judgment cannot be reversed on the first ground. The conclusions, there arrived at, are, that an opinion fully made up and expressed is a good cause of principal challenge, as a matter of law; but that one imperfectly formed, or one merely hypothetical, that is, formed on the supposition that facts are as they have been represented, does not constitute cause of…
2Cited by7 opinions
- State v. Bohanon.Supreme Court of North Carolina · 1906
- State v. . CollinsSupreme Court of North Carolina · 1874
- State v. EakinsSupreme Court of North Carolina · 1977
- State v. TurnerSupreme Court of North Carolina · 1960
- Butler v. Greensboro Fire & Insurance Co.Supreme Court of North Carolina · 1928
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