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Legal Opinion · Dissent

S. v. . Rogers

Supreme Court of North Carolina

Decided May 28, 1913PublishedCited by 15 opinions

1DissentClark, C. J.

Indictment for murder. Before impaneling the jury the solicitor announced that he would not ask for a verdict of murder in first degree.

One of the jurors was taken ill, and the trial proceeded with eleven jurors.

The defendants were convicted of manslaughter and sentenced to the penitentiary.

In apt time they moved in arrest of judgment as well as for a new trial, upon the ground that they were not tried by a lawful jury (657) of twelve men. His Honor, upon such motion, rendered the following judgment:

FINDING OF FACT.

As the ground for a new trial contained in said two affidavits of defendants,…

2Cases cited6 opinions

  1. Cancemi v. . the PeopleNew York Court of Appeals · 1858
  2. United States v. Philadelphia & Reading RailroadSupreme Court of the United States · 1887
  3. State v. . MossSupreme Court of North Carolina · 1854
  4. State v. . ScruggsSupreme Court of North Carolina · 1894
  5. United States v. One Thousand Three Hundred & Sixty-Three Bags of MerchandiseDistrict Court, D. Massachusetts · 1863

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3Cited by15 opinions

  1. State v. . EmerySupreme Court of North Carolina · 1944
  2. State v. EmerySupreme Court of North Carolina · 1944
  3. State v. HudsonSupreme Court of North Carolina · 1971
  4. State v. . HartsfieldSupreme Court of North Carolina · 1924
  5. State v. . DaltonSupreme Court of North Carolina · 1934

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