State v. . Nash
Supreme Court of North Carolina
Appeal from tbe Superior Court of Law of Montgomery County, at the Fall Term, 1847, his Honor, Judge Caldwell, presiding. The prisoner was indicted for Murder. The day before the trial, the presiding Judge, at the instance of the Solicitor of the State, ordered a special writ of venire facias to issue to the Sheriff, commanding him to summon one hundred Jurors.
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Appeal from tbe Superior Court of Law of Montgomery County, at the Fall Term, 1847, his Honor, Judge Caldwell, presiding. The prisoner was indicted for Murder. The day before the trial, the presiding Judge, at the instance of the Solicitor of the State, ordered a special writ of venire facias to issue to the Sheriff, commanding him to summon one hundred Jurors. In forming the petit jury, the original pannel was first perused, and, a jury not being made,the clerk was directed by the Court to put into the box, from whence the names of the jurors were drawn, thirty-six scrolls, containing the…
1Opinion of the CourtNash, J.
We perceive nothing in the manner in which the jury was formed, or in the charge of the presiding Judge, to induce us to disturb the verdict in this case. The error alleged as to the former consists, as we are told, in the fact, that, after failing to procure the jury from the original pannel, the Court directed the names of thirty-six of the tales jurors to be put into the box, instead of ordering the whole to be deposited together, as it was the right of the prisoner to have an opportunity of having all the tales tendered to him. If it be true, that, upon the failure to procure a jury from…
2Cited by6 opinions
- State v. LeeSupreme Court of North Carolina · 1897
- State v. . DavisSupreme Court of North Carolina · 1943
- Ferebee v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- State v. . GoochSupreme Court of North Carolina · 1886
- State v. . LytleSupreme Court of North Carolina · 1844
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