State v. . Duncan
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Iredell County, at the Fall Term, 1845, his Honor Judge Pearson presiding. The prisoner was indicted in Wilkes Superior Court, as accessory before the fact, with one Underwood as principal, for the murder of- one Peden. After a plea of not guilty by Underwood, the prisoner, Duncan, also pleaded not guilty, arid they united in obtaining a removal of the trial to Iredell.
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Appeal from the Superior Court of Law of Iredell County, at the Fall Term, 1845, his Honor Judge Pearson presiding. The prisoner was indicted in Wilkes Superior Court, as accessory before the fact, with one Underwood as principal, for the murder of- one Peden. After a plea of not guilty by Underwood, the prisoner, Duncan, also pleaded not guilty, arid they united in obtaining a removal of the trial to Iredell. When brought to the bar in Iredell, the two stated, that they were ready for trial; but they prayed to be tried separately, and it was allowed by the Court. Underwood was then put on…
1Opinion of the CourtRuffin, C. J.
The points, raised by the exceptions, appear to the Court to be all clearly against the prisoner, except that upon the admission of the conviction of Underwood before judgment.
The objection, founded on the manner of drawing the Grand Jury, has been disposed of in the case of Underwood, who also insisted on that matter. It might have been a cause of challenge ; but after having boon waived and the petit jurors accepted by the prisoner, he cannot urge it as an error, for which he can claim a venire de novo.
The refusals to remove the trial a second time, and to continue the case, are decisions…
2Cited by9 opinions
- Lewis v. StateCourt of Appeals of Maryland · 1979
- Betts v. WardSupreme Court of Alabama · 1916
- State v. . SaulsSupreme Court of North Carolina · 1925
- State v. SmarrSupreme Court of North Carolina · 1897
- Commonwealth v. VitaleSupreme Court of Pennsylvania · 1915
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