State v. . Owen
Supreme Court of North Carolina
Indiotment for Murder, tried before 8chenolc,< J., at the Fall Term, 1874, Linooln Superior Court. The prisoner Robert A. Owen, was charged with the mnr-der of John W. Cheek, in the county of Gaston, on the 24th of September, 1873. The case was removed from Gaston county upon the affidavit of the prisoner, and when called on the first Tuesday of the Fall Term of Lincoln Superior Court, was continued on the affidavit of the prosecutor, suggesting a diminution of the…
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Indiotment for Murder, tried before 8chenolc,< J., at the Fall Term, 1874, Linooln Superior Court. The prisoner Robert A. Owen, was charged with the mnr-der of John W. Cheek, in the county of Gaston, on the 24th of September, 1873. The case was removed from Gaston county upon the affidavit of the prisoner, and when called on the first Tuesday of the Fall Term of Lincoln Superior Court, was continued on the affidavit of the prosecutor, suggesting a diminution of the transcript of the record sent from the Superior Court of Gas-ton county. A certiorari was issued to the Clerk of the Superior…
1Opinion of the CourtSettle, J.
The record shows that several exceptions were taken to the rulings of his Honor during the progress of the trial, but only two óf them were insisted -upon in this Court. Treating the others as abandoned, and a casual glance will suffice to show feat they were properly abandoned, we will only notice those‘which were pressed upon the argument here.
2. The jurors were not properly sworn. The facts, as we find them in fee record, are as follows: When the jurors were called and challenged, the Clerk caused them to place their hand on the Bible, and said: “You swear feat you will true answers make…
2Cited by2 opinions
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