Butler v. Greensboro Fire & Insurance Co.

The two general divisions of challenges are to the array and to the polls. At common law the office of selecting a jury was committed to the sheriff,, and his partiality, or “unindifferency,” was the usual ground on which the array was challenged. Under our practice a challenge to the array is generally allowed when partiality or misconduct of tbe summoning officer is brought to the attention of the court, or where in making out the jury list a mandatory statute is disregarded, or where some fatal irregularity is shown. 1 Thompson' on Trials, ch. 3, sec. 31; S. v. Murph, 60 N. C., 129; S. v.…