State v. . Martin
Supreme Court of North Carolina
IkdictmeNT for Larceny, tried at Fall Term, 1879, of Rutherford Superior Court, before Buxton, J. The special instructions asked for by the defendants on the trial were refused, and after a verdict of guilty they moved for a new trial and in arrest of judgment, both of which motions being overruled, the court pronounced judgment and the defendants appealed. The exceptions taken below are set out in the opinion of this court.
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IkdictmeNT for Larceny, tried at Fall Term, 1879, of Rutherford Superior Court, before Buxton, J. The special instructions asked for by the defendants on the trial were refused, and after a verdict of guilty they moved for a new trial and in arrest of judgment, both of which motions being overruled, the court pronounced judgment and the defendants appealed. The exceptions taken below are set out in the opinion of this court. The articles alleged to have been stolen were taken from the prosecutor’s store at various times during the months of August and September.
1Opinion of the CourtAshe, J.
The defendants’ counsel challenged the array of regular jurors, on the ground that they were irregularly drawn. The evidence is that they were drawn from box No. 1 by a boy under ten years of age. Some names were drawn and not used, because the county commissioners thought too many were drawn from one end of the county ; and wishing to equalize the number among the different townships, they were put back and others drawn in their stead. While the manipulation of the names of jurors as practiced in this case is to be seriously deprecated and condemned, as tending to corruption and the…
2Cases cited4 opinions
- State v. . GrifficeSupreme Court of North Carolina · 1876
- State v. . HaywoodSupreme Court of North Carolina · 1875
- State v. . BaldwinSupreme Court of North Carolina · 1879
- State v. LilesSupreme Court of North Carolina · 1877
3Cited by21 opinions
- State v. YoesSupreme Court of North Carolina · 1967
- State v. . PottsSupreme Court of North Carolina · 1888
- State v. AdamsSupreme Court of North Carolina · 1992
- State v. . DanielsSupreme Court of North Carolina · 1904
- State v. Moore.Supreme Court of North Carolina · 1901
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