State v. Hollingsworth

HEDRICK, Judge.

The defendant first assigns as error the court’s denial of his motion to challenge the array of six special jurors summoned by the sheriff pursuant to the order of the judge. The record reveals that prior to the completion of the selection of the petit jury to try this case, the regularly summoned jury panel had been exhausted and only eight jurors had been selected to serve. The defendant “moved to challenge the array of special jurors upon the grounds that the 6 jurors summonsed [sic] by the Sheriff of Hoke County were all of the white race and that the Defendant was Negro.”…