State v. . Benton
Supreme Court of North Carolina
The prisoner was put upon his trial at Sampson on the last Circuit before his Honor Judge Saunders, upon a charge of murder. When the jurywasabout to be formed,it appeared that there were present seventeen jurors of the original venire, and thirty talesmen.
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The prisoner was put upon his trial at Sampson on the last Circuit before his Honor Judge Saunders, upon a charge of murder. When the jurywasabout to be formed,it appeared that there were present seventeen jurors of the original venire, and thirty talesmen. The prisoner’s counsel requested that the names of all the jurors, both those of the .original panel and the talesmen should be put into the box at the same time, but the judge refused this request, and directed the clerk to put the names of the original jurors alone into the box; which was accordingly done, and they were drawn and…
1Opinion of the Court
Gaston, Judge.
The prisoner was convicted of murder in the Superior Court of Sampson; and from the judgment there rendered against him, has appealed to this court. He assigns for error, certain irregularities of proceeding, in regard to the forming of a jury; the overruling of valid challenges, taken by him to jurors; and the misdirection of the presiding judge, in his charge to the jury. It was our duty to consider of these alleged errors, with the attention due to the immense stake which the prisoner has in the result of our deliberations, and to the importance of all questions affecting the…
2Cases cited1 opinion
- Ex parte VermilyeaNew York Supreme Court · 1826
3Cited by23 opinions
- Swain v. AlabamaSupreme Court of the United States · 1965
- State v. WoodsSupreme Court of North Carolina · 1975
- State v. . LevySupreme Court of North Carolina · 1924
- State v. . CollinsSupreme Court of North Carolina · 1874
- State v. . KoritzSupreme Court of North Carolina · 1947
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