State v. . Harper
Supreme Court of North Carolina
This is an indictment for larceny, tried before Connor, J., at Spring Term, 1888, of Greene Superior Court. The defendant was charged with stealing a hog belonging to one Eli Dorgan, and upon the trial of his plea of not .guilty was convicted of the offence, and sentenced to confinement in the State prison for the term of five years, beginning with the 2d day of April, 1888. After the return of the verdict his counsel moved to set it aside for alleged misconduct of the jury,…
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This is an indictment for larceny, tried before Connor, J., at Spring Term, 1888, of Greene Superior Court. The defendant was charged with stealing a hog belonging to one Eli Dorgan, and upon the trial of his plea of not .guilty was convicted of the offence, and sentenced to confinement in the State prison for the term of five years, beginning with the 2d day of April, 1888. After the return of the verdict his counsel moved to set it aside for alleged misconduct of the jury, to prove which he examined orally one Thomas Harney, whose testimony, under the findings of the Court, established the…
1Opinion of the CourtSmith, C. J.
(after stating the case.) In reference to the first exception, it confronts the fact that the polling shows the assent of each juror to the verdict given in making it unanimous, and the Judge who ascertains the fact upon which a reviewing Court must proceed, finds that the unanimity was not brought about by an involuntary yielding of the convictions of the few to the many, notwithstanding the apparent assent in the jury room, for immediately ■thereupon, two.of the three jurors, upon the vote taken, adhered to their first opinion.
We have had some, hesitancy in sustaining the refusal of the…
2Cases cited2 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- State v. . MorrisSupreme Court of North Carolina · 1881
3Cited by7 opinions
- State v. BrooksMontana Supreme Court · 1899
- State v. . DegraffenreidSupreme Court of North Carolina · 1944
- State v. . TrullSupreme Court of North Carolina · 1915
- Baker v. . BrownSupreme Court of North Carolina · 1909
- Moses v. Central Park, North & East River RailroadNew York Court of Common Pleas · 1893
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