Legal Opinion

State v. Broughton.

Supreme Court of North Carolina

Decided December 5, 1846PublishedCited by 21 opinions

Appeal from the Superior Court of Law of New Hanover County, at the Fall Term, 1846, his Honor Judge Settle,- presiding. The prisoner was indicted for the murder of Frank De Silva. The homicide occurred in Wilmington, during the term of New Hanover Superior Court, and the grand jury then empannelled were engaged, in an-enquiry as to the circumstances, character, and perpetrator of the act.

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Appeal from the Superior Court of Law of New Hanover County, at the Fall Term, 1846, his Honor Judge Settle,- presiding. The prisoner was indicted for the murder of Frank De Silva. The homicide occurred in Wilmington, during the term of New Hanover Superior Court, and the grand jury then empannelled were engaged, in an-enquiry as to the circumstances, character, and perpetrator of the act. At the instance of the grand jury, Broughton was summoned and'sworn in Court and sent to them as a witness. On the trial-of the present indictment Mr. Savage, who was at the time the foreman of the grand…

1Opinion of the CourtRuffin, C. J.

By the policy of the law, grand-juries act in secret: and, with the view of sustaining that policy,. it is prescribed that a grand-juror shall, amongst other things, swear, that “the State’s counsel, your fellows, and jmur own, you shall keep secret.” The whole sense in which those words arc to be received, or the duration of the secrecy imposed, we do not find accurately stated by any ancient writer on the common law. There are some reasons for the rule, which are obvious enough ; and, as far as the public interests can be subserved by it, the-secrecy ought to be kept, not only while the…

2Cited by21 opinions

  1. United States v. American Medical Ass'nDistrict Court, District of Columbia · 1939
  2. Jack Stanley, Thomas A. Warren, Isom Meyers, and Hubert Stanley v. United StatesCourt of Appeals for the Sixth Circuit · 1957
  3. Goodman v. United StatesCourt of Appeals for the Ninth Circuit · 1939
  4. Steen v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1924
  5. United States v. CobbanU.S. Circuit Court for the District of Montana · 1904

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