Legal Opinion

State v. Kincaid

Supreme Court of North Carolina

Decided February 22, 1922PublishedCited by 23 opinions

CRIMINAL action, tried before Bryson, J., and a jury, at August Term, 1921, of Burke. Tbe defendant was prosecuted for tbe murder of Lillie Kincaid, bis wife, and from judgment pronounced on a verdict for murder in tbe second degree, be appealed. The defendant’s residence, which was in Chesterfield, five or six miles from Morganton, was occupied by the defendant, his wife, her mother, and the defendant’s brother, whose mental condition was abnormal.

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CRIMINAL action, tried before Bryson, J., and a jury, at August Term, 1921, of Burke. Tbe defendant was prosecuted for tbe murder of Lillie Kincaid, bis wife, and from judgment pronounced on a verdict for murder in tbe second degree, be appealed. The defendant’s residence, which was in Chesterfield, five or six miles from Morganton, was occupied by the defendant, his wife, her mother, and the defendant’s brother, whose mental condition was abnormal. The defendant conducted a mercantile business about two hundred and fifty yards from his residence. He and the deceased had been married about…

1Opinion of the CourtAdams, J.

After the arraignment, his Honor, on'motion of the solicitor, made an order that 75 jurors be summoned from Lincoln County; and to the denial of the request that these jurors be drawn from the box, exception was duly taken.

The statute provides, (1) that the presiding judge, instead of making an order of removal, may cause as many jurors as he deems necessary to be summoned from any adjoining county, or from any county in the same judicial district; and (2) that the judge may direct the required number of names to be drawn from the jury box in said county. C. S., 473. The obvious purpose is to…

2Cases cited26 opinions

  1. State v. . MasseySupreme Court of North Carolina · 1882
  2. Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
  3. Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
  4. Clary's Administrators v. ClarySupreme Court of North Carolina · 1841
  5. Arrowood v. . R. R.Supreme Court of North Carolina · 1900

21 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. State v. MooreSupreme Court of North Carolina · 1969
  2. State v. . LeaSupreme Court of North Carolina · 1932
  3. State v. CallowaySupreme Court of North Carolina · 1982
  4. State v. ChildsSupreme Court of North Carolina · 1967
  5. State v. . CreechSupreme Court of North Carolina · 1949

18 more not listed; retrieve them via the Exa API.

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