State v. . Carroll
Supreme Court of North Carolina
Appeal by defendant from Shaw, J., at May Term, 1918, of Rock-INGHAM. This is an indictment for manufacturing intoxicating liquors, and from tbe judgment pronounced upon a conviction tbe defendant appealed, assigning tbe following errors: 1. To tbe action of bis Honor in permitting tbe State to stand aside tbe juror, J. M. Roberts. 2. To tbe action of bis Honor in refusing to allow tbe witness, Ziglar, to continue bis answer to tbe following question: Q. You didn’t know…
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Appeal by defendant from Shaw, J., at May Term, 1918, of Rock-INGHAM. This is an indictment for manufacturing intoxicating liquors, and from tbe judgment pronounced upon a conviction tbe defendant appealed, assigning tbe following errors: 1. To tbe action of bis Honor in permitting tbe State to stand aside tbe juror, J. M. Roberts. 2. To tbe action of bis Honor in refusing to allow tbe witness, Ziglar, to continue bis answer to tbe following question: Q. You didn’t know wbetber tbat still slop was Mr. Carroll’s or tbe man tbat run tbe still ? A. I don’t know. Mr. Carroll said— 3. To refusing…
1Opinion of the CourtAuleN, J.
1. 'The State was permitted to challenge the juror, Eob-erts, after the jury had been passed by the State, and before acceptance by the defendant, and there is nothing in the 'record to show that this was in any way prejudicial to the defendant. It does not appear that the peremptory challenges were exhausted, or that the jury finally empaneled was not entirely satisfactory to the defendant.
As said in Ives v. R. R., 142 N. C., 131, “The defendant is not in a position to except to the- ruling of the court sustaining the objection to the juror. It had not exhausted its peremptory challenges,…
2Cases cited8 opinions
- State v. . HensleySupreme Court of North Carolina · 1886
- State v. . FreemanSupreme Court of North Carolina · 1888
- State v. . PritchettSupreme Court of North Carolina · 1890
- Ives v. RailroadSupreme Court of North Carolina · 1906
- State v. . JonesSupreme Court of North Carolina · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1921
- State v. . McMillanSupreme Court of North Carolina · 1920