State v. . Degraff
Supreme Court of North Carolina
Iudictment for murder, tried before Winston, J., and a jury, at August Term, 1893, of Forsyth Superior Court. The defendant was convicted and appealed. The exceptions, etc., upon which the appeal was based are stated in the opinion of Chief Justice Shepherd.
1Opinion of the Court
Shepheed, C. J.:
The prisoner was indicted for the murder of one Ellen Smith, and, after his arraignment, moved to quash the indictment, on the ground that one of the grand jurors was a cousin of the deceased and therefore disqualified to participate in the finding of the bill.
In State v. Gardner, 104 N. C., 739, it is held that, if a motion to quash for the disqualification of a grand juror is made before plea, the prisoner has a right to have the motion granted, but if the motion be made after plea, but before the jury is impaneled, it may be granted or not, in the sound discretion of the…
2Cases cited12 opinions
- Baxter v. . WilsonSupreme Court of North Carolina · 1886
- State v. . Harvey PerkinsSupreme Court of North Carolina · 1872
- Carson v. . DellingerSupreme Court of North Carolina · 1884
- State v. . StarnesSupreme Court of North Carolina · 1887
- Yates v. . YatesSupreme Court of North Carolina · 1877
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3Cited by35 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- State v. FullerSupreme Court of North Carolina · 1894
- State v. . CaseySupreme Court of North Carolina · 1931
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- State v. Bohanon.Supreme Court of North Carolina · 1906
30 more not listed; retrieve them via the Exa API.