State v. . McDowell
Supreme Court of North Carolina
Indictment for robbery, tried before Hohe, J., at Spring Term, 1898, of the Superior Court of Cherokee County. The defendants were indicted for robbery from the person of William Bush. In getting a jury, the original panel was exhausted and so were the talesmen summoned from the bystanders.
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Indictment for robbery, tried before Hohe, J., at Spring Term, 1898, of the Superior Court of Cherokee County. The defendants were indicted for robbery from the person of William Bush. In getting a jury, the original panel was exhausted and so were the talesmen summoned from the bystanders. Having failed to complete the jury, the Sheriff was directed by the Court to summon fifty or sixty freeholders, citizens residents of the county to attend the following day, that a jury might be procured; and an adjournment was taken until the following morning. The trial was proceeded with the next day,…
1Opinion of the Court
Faikcloth, C. J.:
The defendant was tried and convicted of robbery. There was no exception to the evidence or the charge to the jury. The case was called on Wednesday. The regular jurors were exhausted by challenge for cause or peremptorily. The few persons in the court room were summoned as tales jurors and they were challenged for cause or peremptorily. Failing to get a jury from persons present or in call of the court, his Honor adjourned court until next morning and directed the Sheriff to summon fifty free-holders from the county to attend next day. Next day the Court directed the Sheriff…
2Cases cited3 opinions
- State v. . CodySupreme Court of North Carolina · 1896
- United States v. LougheryU.S. Circuit Court for the District of Eastern New York · 1876
- State v. . LamonSupreme Court of North Carolina · 1824
3Cited by14 opinions
- State v. . AndersonSupreme Court of North Carolina · 1935
- State v. SturdivantSupreme Court of New Jersey · 1959
- State v. AndersonSupreme Court of North Carolina · 1935
- In re DennyIndiana Supreme Court · 1901
- Ives v. RailroadSupreme Court of North Carolina · 1906
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