State v. . Davis
Supreme Court of North Carolina
IndictmeNt for Burglary tried at Fall Term, 1878, of Orange Superior Court, before Kerr, J. The defendants, Henry A. Davis, Henry F. Andrews and Lewis Carlton, were tried and convicted of burglary.
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IndictmeNt for Burglary tried at Fall Term, 1878, of Orange Superior Court, before Kerr, J. The defendants, Henry A. Davis, Henry F. Andrews and Lewis Carlton, were tried and convicted of burglary. The statement of the case shows that after their conviction, no exceptions having been taken by them during the progress of the trial, the court being about to pronounce its judgment inquired of them if they or either of them had anything' to say why the sentence of the law should not be pronounced upon them, and the defendants’ counsel replied that since the trial and verdict he had been informed…
1Opinion of the CourtAshe, J.
(After stating the cáse.) Have the defendants been injured or deprived of any legal rights they possessed by the refusal of the court to grant their motion ? We think not. If their motion had been allowed and they had proved that the juror referred to was an atheist, and that fact had only come to their knowledge after the trial, the court might still have refused a new trial without committing an error. Their objection to the juror comes too late. It is well settled by English authorities sanctioned by the uniform practice of centuries and by numerous decisions in this state, that no juror…
2Cases cited2 opinions
- State v. . Harvey PerkinsSupreme Court of North Carolina · 1872
- State v. . GrifficeSupreme Court of North Carolina · 1876
3Cited by25 opinions
- State v. DurnamSupreme Court of Minnesota · 1898
- Baxter v. . WilsonSupreme Court of North Carolina · 1886
- State v. . LambertSupreme Court of North Carolina · 1885
- State v. . LevySupreme Court of North Carolina · 1924
- State v. Lipscomb.Supreme Court of North Carolina · 1904
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