Legal Opinion

State v. . Green

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 17 opinions

Tills is am indictment for Burglary with intent to commit Rai>k, tried before Clark, Judge, at the August Term, 188(5, of .Jo.yks Superior Court. The only exceptions taken in the case were those taken upon the challenges of jurors. Thomas Btilley, a juror of the special venire, on his “voir dire,” said that he had formed, and expressed the opinion that the prisoner was guilty.

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Tills is am indictment for Burglary with intent to commit Rai>k, tried before Clark, Judge, at the August Term, 188(5, of .Jo.yks Superior Court. The only exceptions taken in the case were those taken upon the challenges of jurors. Thomas Btilley, a juror of the special venire, on his “voir dire,” said that he had formed, and expressed the opinion that the prisoner was guilty. On his cross-examination, he said this opinion was based upon general rumor, and that he had not heard the evidence or talked to any of the witnesses. He was then asked by the Court: Is your mind so fair and unbiased…

1Opinion of the Court

Ashe, C.,

(after stating the case as above). Wo find no errors in the rulings of his Honor in the matters excepted to by the defendant. The ground of the exceptions to the ruling with regard to the challenge of the juror Stilly, has been time and again held by this Court not to bo sufficient ground of challenge. Tn State v. Kilgore, 93 N. C., 533, it was held, that when a juror, challenged by the defendant,' says he has formed and .expressed the opinion that the prisoner is guilty, but states further that his mind was fair and unbiased, and that he could hear the evidence and render a verdict…

2Cases cited6 opinions

  1. State v. . CollinsSupreme Court of North Carolina · 1874
  2. State v. . CunninghamSupreme Court of North Carolina · 1875
  3. State v. . JonesSupreme Court of North Carolina · 1879
  4. State v. . Columbus Adair .Supreme Court of North Carolina · 1872
  5. State v. . BoonSupreme Court of North Carolina · 1879

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3Cited by17 opinions

  1. State v. FullerSupreme Court of North Carolina · 1894
  2. Garlitz v. StateCourt of Appeals of Maryland · 1889
  3. S. v. . VannSupreme Court of North Carolina · 1913
  4. State v. . BannerSupreme Court of North Carolina · 1908
  5. State v. . FosterSupreme Court of North Carolina · 1916

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