State v. . Speaks
Supreme Court of North Carolina
INDICTMENT por murder, tried before Montgomery, Judge, at Fall Term, 1855, of Iredell Superior Court. The prisoner was charged with the murder of Noah Mason, in the county of Iredell, on the first day of February, 1885. A.t the request of prisoner's counsel, ODe hundred names of jurors were drawn from the jury box of said couuty, in accordance with the provisions of §1739 of The Code.
Read the full summary
INDICTMENT por murder, tried before Montgomery, Judge, at Fall Term, 1855, of Iredell Superior Court. The prisoner was charged with the murder of Noah Mason, in the county of Iredell, on the first day of February, 1885. A.t the request of prisoner's counsel, ODe hundred names of jurors were drawn from the jury box of said couuty, in accordance with the provisions of §1739 of The Code. A writ of venire was issued to the sheriff of said county, who made due return thereof, that he had summoned all the persons named therein, except four, and as to them, he returned that one was dead, and the…
1Opinion of the Court
Ashe, J.,
(after stating the facts). The first exception taken by the prisoner, was to the ruling of the Court in disallowing his challenge to the array. But there was no error in that- — for a challenge to the array can only be taken when there is partiality or misconduct in the Sheriff) or some irregularity in making out the list. Wharton’s Am. Cr. L., §2946. There was here no default in the Sheriff. One of the persons named as jurors could not be summoned, because he was dead, and the other three could not be summoned, because they could not be found. The Sheriff returned these facts. What…
2Cases cited4 opinions
- Horah v. . KnoxSupreme Court of North Carolina · 1882
- State v. . BryanSupreme Court of North Carolina · 1883
- State v. . SheetsSupreme Court of North Carolina · 1883
- State v. . GouldSupreme Court of North Carolina · 1884
3Cited by15 opinions
- State v. . SteeleSupreme Court of North Carolina · 1925
- State v. SteeleSupreme Court of North Carolina · 1925
- State v. . StewartSupreme Court of North Carolina · 1925
- State v. ShawSupreme Court of North Carolina · 1973
- State v. . DixonSupreme Court of North Carolina · 1939
10 more not listed; retrieve them via the Exa API.