Legal Opinion
State v. Selph
Court of Appeals of North Carolina
Decided May 4, 1977No. 7611SC904PublishedCited by 9 opinions
1Opinion of the Court
ARNOLD, Judge.
The principal argument on this appeal concerns the possibility of misconduct by one of the jurors. Defendant contends that his attorney should have been allowed to question vigorously this juror as to whether she talked to Mrs. Aswald about the case. The trial judge, according to defendant, misapplied an axiom of common law announced by Lord Mansfield in Vaise v. Delaval, 1 T.R. 11, 99 Eng. Rep. 944 (K. B. 1785), which says that a juror will not be heard to impeach his own verdict. This rule apparently was first followed in North Carolina in Suttrell v. Dry, 5 N.C. 94 (1805).
Coun…
2Cases cited11 opinions
- Remmer v. United StatesSupreme Court of the United States · 1954
- Parker v. GladdenSupreme Court of the United States · 1966
- State v. SneedenSupreme Court of North Carolina · 1968
- Norton Edward Richardson v. United StatesCourt of Appeals for the Fifth Circuit · 1966
- State v. DrakeCourt of Appeals of North Carolina · 1976
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. WillisSupreme Court of North Carolina · 1992
- State v. RutherfordCourt of Appeals of North Carolina · 1984
- State v. ClarkCourt of Appeals of North Carolina · 2000
- State v. FieCourt of Appeals of North Carolina · 1986
- State v. HeadCourt of Appeals of North Carolina · 1986
4 more not listed; retrieve them via the Exa API.