Legal Opinion

State v. Smith

Court of Appeals of North Carolina

Decided February 23, 1972No. 7221SC70PublishedCited by 10 opinions

1Opinion of the Court

GRAHAM, Judge.

Defendant contends he is entitled to a new trial because one of the jurors went to the scene of defendant’s arrest without authorization during the course of the trial, and also because the court later permitted all of the jurors to view the scene over defendant’s objection.

The record reflects that when court was opened on the second day of trial the following transpired:

“Court: It appearing that one of the jurors made it known to the deputy sheriff that he went to the location of Vine Street where the defendant was arrested for the purpose of viewing the premises. The Court…

2Cases cited15 opinions

  1. State v. SpencerSupreme Court of North Carolina · 1970
  2. State v. PardonSupreme Court of North Carolina · 1967
  3. Paris v. Carolina Portable Aggregates, Inc.Supreme Court of North Carolina · 1967
  4. State v. SandersSupreme Court of North Carolina · 1971
  5. Bird v. StateCourt of Criminal Appeals of Oklahoma · 1922

10 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State v. DuvallCourt of Appeals of North Carolina · 1981
  2. State v. DuvallCourt of Appeals of North Carolina · 1981
  3. Huff v. ThorntonCourt of Appeals of North Carolina · 1974
  4. Williams v. Bethany Volunteer Fire DepartmentSupreme Court of North Carolina · 1983
  5. State v. GodwinCourt of Appeals of North Carolina · 1972

5 more not listed; retrieve them via the Exa API.

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