State v. . Edens
Supreme Court of North Carolina
Indictment for a nuisance tried at August Term, 1881, of New Hanover Criminal Court, before Meares, J. The indictment charges the defendant with having committed a nuisance by obstructing a public street of the city of Wilmington. The particular nuisance complained of is that he kept a market cart standing in the street for the space of one and a half hours.
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Indictment for a nuisance tried at August Term, 1881, of New Hanover Criminal Court, before Meares, J. The indictment charges the defendant with having committed a nuisance by obstructing a public street of the city of Wilmington. The particular nuisance complained of is that he kept a market cart standing in the street for the space of one and a half hours. The prosecution originated in the criminal court of New Hanover county, and when called to answer, the defendant first pleaded in abatement that one of the grand jurors who' passed upon the indictment had a civil suit pending and at issue…
1Opinion of the Court
Rue'33'in, J.
First, as to the question touching the qualification of the grand juror who aided in finding the indictment. The act of 1876-7, eh. 242, is the one'which estab-iablished the criminal court for the county of New Hanover, and after prescribing a manner of drawing the jurors for that court, differing somewhat with the mode ordinarily used in drawing those who are to serve in the superior courts, it provides in the ,8th section that the jurors so drawn shall “ be subject to the same rules and regulations and possess the same qualifications as are provided by law in regard to jurors…
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