State v. Smarr
Supreme Court of North Carolina
INDICTMENT for burglary, tried before Hoke, J, and a jury at Fall Term, 1897, of Cleveland Superior Court. The defendant was convicted of burglary in the first degree, was sentenced to be hanged, and appealed, assigning as error the matters set out in the opinion.
1Opinion of the Court
Clark, J.:
The motion to quash because one of the grand jurors had a suit “pending” in said Court was properly disallowed. The- disqualification applies only to a juror who has a “suit pending and at issue” when the juror is drawn. Code, Section 1728. The object is to disqualify one who has a suit which is triable at the term for which he is drawn to serve as a juror. If the action should come to an issue at such term, it would not stand for trial “till the term of the Court next ensuing such joinder of issue.” Code, Section 400. But here the juror’s suit was not at issue when drawn, nor did…
2Cases cited12 opinions
- State v. . HensleySupreme Court of North Carolina · 1886
- State v. . GrifficeSupreme Court of North Carolina · 1876
- State v. . HaywoodSupreme Court of North Carolina · 1875
- State v. . BrogdenSupreme Court of North Carolina · 1892
- State v. . HildrethSupreme Court of North Carolina · 1849
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. YoesSupreme Court of North Carolina · 1967
- State v. . LevySupreme Court of North Carolina · 1924
- Downs v. StateCourt of Appeals of Maryland · 1909
- Benton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- State v. Spivey.Supreme Court of North Carolina · 1903
19 more not listed; retrieve them via the Exa API.