State v. Cain
Supreme Court of North Carolina
Appeal by defendant from Oline, J., at September Term, 1917, of RowaN. Tbe prisoner was convicted at September Term, 1917, of Rowan, of murder in tbe first degree of one Abel Harris. Tbe first exception is to tbe order of tbe court withdrawing a juror and making a mistrial, and Exception 8 is to tbe refusal to grant a motion in arrest of judgment on tbe ground of tbe defendant’s former jeopardy.
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Appeal by defendant from Oline, J., at September Term, 1917, of RowaN. Tbe prisoner was convicted at September Term, 1917, of Rowan, of murder in tbe first degree of one Abel Harris. Tbe first exception is to tbe order of tbe court withdrawing a juror and making a mistrial, and Exception 8 is to tbe refusal to grant a motion in arrest of judgment on tbe ground of tbe defendant’s former jeopardy. O.n these motions bis Honor found tbe following facts: “This was an indictment against Baxter Cain, tbe defendant, charging him with murder in tbe first degree, No. 25 on the criminal docket of tbe…
1Opinion of the Court
ClaRK, O. J.
Tbe exception to tbe action of tbe court in ordering a mistrial and to tbe refusal of tbe motion in arrest of judgment on tbe plea of former jeopardy present tbe same question, and tbis is tbe chief ground relied upon on tbe appeal.
"When tbe juror Goodman was- asked by tbe solicitor of tbe State “whether or not be bad any conscientious or religious scruples against returning a verdict where the penalty would be tbe death sentence upon circumstantial evidence, if such evidence warranted, and tbe juror answered tbat be bad not, be was passed by tbe State and being accepted by tbe…
2Cases cited15 opinions
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- State v. CutshallSupreme Court of North Carolina · 1971
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