State v. . Whitfield
Supreme Court of North Carolina
INDICTMENT for larceny, tried before Meares, Judge, and a jury, at February Term, 1885, of New Hanover Criminal Court. The defendant was indicted and charged with the larceny of some salted bacon sides, the property of J. M. Hardwick. In selecting the jury, after exhausting all of his peremptory challenges, the defendant offered to challenge two jurors upon the ground that they had served on the jury in this court within the past two years.
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INDICTMENT for larceny, tried before Meares, Judge, and a jury, at February Term, 1885, of New Hanover Criminal Court. The defendant was indicted and charged with the larceny of some salted bacon sides, the property of J. M. Hardwick. In selecting the jury, after exhausting all of his peremptory challenges, the defendant offered to challenge two jurors upon the ground that they had served on the jury in this court within the past two years. These jurors had been drawn on the special venire on the day previous to serve as jurors on the day of this trial, in pursuance of Ch. 300, §1, of the…
1Opinion of the CourtMereiMON, J.
The defendant having challenged peremptorily as many jurors as the statute applicable in such cases allowed him to do, challenged two other jurors for cause, and assigned as ground of challenge that each of them “ had served on the jury in that court within the past two years,” and were disqualified under the proviso of The Code, §1733, which provides “that it shall be a disqualification and ground of challenge to any tales juror that such juror has acted in the same court as grand, petit or tales juror within two years next preceding such term of the court.”"
We are of opinion that the Court…
2Cases cited4 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- Jones v. . JonesSupreme Court of North Carolina · 1879
- State v. . ThorneSupreme Court of North Carolina · 1879
- State v. MitchellSupreme Court of North Carolina · 1883
3Cited by32 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- State v. . SpencerSupreme Court of North Carolina · 1918
- State v. . LevySupreme Court of North Carolina · 1924
- State v. . RoweSupreme Court of North Carolina · 1887
- State v. . FreemanSupreme Court of North Carolina · 1888
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