State v. . Scruggs
Supreme Court of North Carolina
This was an indictment for murder, tried before Boykin, J., and a jury, at Spring Term, 1894, of Rutherford Superior Court. A special venire was returned by order of the Court, and a jury selected and empaneled. The State’s witnesses had been sworn and one of them had begun to testify. He was interrupted by one of the jurors, who stated that he was sick and unable to continue to serve as a juror. He was examined at length by the Court touching his physical condition.
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This was an indictment for murder, tried before Boykin, J., and a jury, at Spring Term, 1894, of Rutherford Superior Court. A special venire was returned by order of the Court, and a jury selected and empaneled. The State’s witnesses had been sworn and one of them had begun to testify. He was interrupted by one of the jurors, who stated that he was sick and unable to continue to serve as a juror. He was examined at length by the Court touching his physical condition. He declared that he had been attacked by sickness; that he could not sit on the case as a juror by reason of his illness, and…
1Opinion of the Court
MacRae, J.:
No appeal lies in a criminal action until after the rendition of final judgment in the cause. State v. Twiggs, 90 N. C., 685. If the case were properly before us, as on an application for a certiorari, we should find no ground for granting the writ, for it has long been settled that, in a trial for a capital felony, for sufficient cause the Judge may discharge the jury and hold the prisoner for another trial. In which case it is his duty to find the facts and set them out in the record, so that his conclusion as to the matter of law arising from the facts may be reviewed by this…
2Cases cited2 opinions
- State v. . StewartSupreme Court of North Carolina · 1883
- State v. . TwiggsSupreme Court of North Carolina · 1884
3Cited by18 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. . EmerySupreme Court of North Carolina · 1944
- State v. BealSupreme Court of North Carolina · 1930
- State v. EmerySupreme Court of North Carolina · 1944
- State v. CrockerSupreme Court of North Carolina · 1954
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