Legal Opinion

State v. . Foster

Supreme Court of North Carolina

Decided December 6, 1916PublishedCited by 32 opinions

INDICTMENT for murder, tried before Lane, J., and a jury, at April Term, 1916, of Pole. Tbe prisoner and Ed. Bridgem.an- were indicted for tbe murder of John Hayes on 25 December, 1915. Tbe jury convicted tbe prisoner of murder in tbe first degree and be bas appealed from tbe judgment upon tbe verdict. Ed. Bridgeman was convicted of murder in tbe second degree, but tbe verdict was set aside by tbe court.

1Opinion of the CourtWalker, J.

There are many exceptions in tbe record, but wben tbey are classified and each assigned to its proper group, there are really very few. We will consider tbe assignments of error in their numerical order.

First. Tbe challenge to a juror because be bad formed and expressed an opinion was fully met by tbe ruling of tbe court, upon evidence, that he was fair and impartial. He stated that, notwithstanding tbe opinion be bad formed, be could bear tbe case and render a verdict according to tbe law and tbe evidence. Tbe exception, therefore, falls within tbe principle as stated in S. v. Banner, 149 N.…

2Cases cited28 opinions

  1. State v. . BrittainSupreme Court of North Carolina · 1883
  2. State v. . CoxSupreme Court of North Carolina · 1910
  3. State v. . MurphySupreme Court of North Carolina · 1911
  4. Burkhart v. GladishIndiana Supreme Court · 1890
  5. S. v. . BlackwellSupreme Court of North Carolina · 1913

23 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. State v. . LeaSupreme Court of North Carolina · 1932
  2. State v. PropstSupreme Court of North Carolina · 1968
  3. State v. BaldwinSupreme Court of North Carolina · 1970
  4. State v. . DavenportSupreme Court of North Carolina · 1947
  5. Bacon v. LeeSupreme Court of North Carolina · 2001

27 more not listed; retrieve them via the Exa API.

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