State v. . Jones
Supreme Court of North Carolina
INDICTMENT for Murder tried at Fall Term, 1878, of Edgecombe Superior Court, before Seymour, J. The prisoner was charged with killing one Rudolph Eaton on the 25th of December, 1877, and the exceptions taken on the trial were as follows : — 1 1. A juror was called and passed by the state to the prit* oner without challenge, He was challenged by the prisoner for cause and on being asked by prisoner’s counsel if he had formed and expressed the opinion that the prisomr at the…
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INDICTMENT for Murder tried at Fall Term, 1878, of Edgecombe Superior Court, before Seymour, J. The prisoner was charged with killing one Rudolph Eaton on the 25th of December, 1877, and the exceptions taken on the trial were as follows : — 1 1. A juror was called and passed by the state to the prit* oner without challenge, He was challenged by the prisoner for cause and on being asked by prisoner’s counsel if he had formed and expressed the opinion that the prisomr at the bar was guilty, he answered that he had, — that the prisoner was not guilty. The state then challenged him, and the court…
1Opinion of the CourtAshe, J.
The first exception taken was to the ruling of His Honor in allowing a juror to be challenged by the state after he had been passed to the prisoner, and while he was under examination by the prisoner upon his voir dire as to the cause of challenge. We are of opinion there was no error in this ruling. The juror stated that he had formed and expressed the opinion that the prisoner was not guilty. He was therefore not an impartial juror, and without a challenge by the state, it was the right and duty of the court to stand aside such juror at any time before the jury were im-pannelled and charged…
2Cases cited1 opinion
- State v. . Columbus Adair .Supreme Court of North Carolina · 1872
3Cited by22 opinions
- State v. AtkinsonSupreme Court of North Carolina · 1969
- State v. FullerSupreme Court of North Carolina · 1894
- State v. . GeeSupreme Court of North Carolina · 1885
- S. v. . VannSupreme Court of North Carolina · 1913
- State v. . LambertSupreme Court of North Carolina · 1885
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