State v. Dunlap
| Citation | 6 Am.Rep. 746, 65 N.C. 491 |
| Case Date | June 30, 1871 |
| Court | United States State Supreme Court of North Carolina |
65 N.C. 491
6 Am.Rep. 746
STATE
v.
LEE DUNLAP.
Supreme Court of North Carolina.
June Term, 1871.
When it appears from the affidavit of a person of color, charged with a capital offence, that he cannot have full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and that his rights cannot be enforced in the State Courts: Held, that under the act of Congress of 9th April, 1866, the State Courts will proceed no further in the prosecution until certified of the action of the Circuit Court of the United States under the act of Congress, March 3, 1863.
??t is erroneous in such a case to order the removal of the indictments to the Circuit Court of the United States; but to suspend proceedings in the cause till certified to the Court under the aforesaid act of Congress.
This was a motion to transfer the cause to the Circuit Court ??f the United States for the District of North Carolina, heard before Logan J. at Spring Term 1871, of Mecklenburg Superior Court.
[65 N.C. 492]
The prisoner was indicted for the murder of one Gleason, a white man, and at Spring Term, 1871, filed an affidavit in which he set forth that he was formerly a slave, and was emancipated by the result of the late rebellion--that at the time of the alleged homicide he was and had been heretofore an active member of the Republican party, whilst the said Gleason was an active member of the Democratic party--that at the time aforesaid a systematic effort was made by divers persons members of the Democratic party, to produce the impression that said Gleason was killed by defendant, and that he was killed from political motives--that the County Commissioners who prepared the jury lists are Democrats, as also the Sheriff and all his Deputies, upon whom is devolved by law, in capital cases, the duty of summoning special jurors, and who have an unlimited discretion in the selection of jurors on a special venire--that colored men are seldom summoned on such juries, and that the juries are almost entirely composed of Democrats--that defendant is a colored man, and by reason of his having been a slave, he has reason to believe, and does believe that he has less chance of enforcing in the Courts of this State, his rights in this prosecution as a citizen of the United States, and the probabilities of the denial of them to him as such citizen in any trial which might take place in the Courts of the State are much more enhanced, than if he was a white man-- that the feeling against him has been greatly intensified by the...
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Rachel v. State of Georgia, No. 21354.
...the defendant alleged his inability to obtain a fair trial due to such informal impediments as local prejudice. State v. Dunlap, 1871, 65 N.C. 491; see also Ex parte Wells, 3 Woods 128, quoted in Kentucky v. Powers, 1906, 201 U.S. 1, 27, 26 S.Ct. 387, 50 L. Ed. 633 (Bradley, J., on Later, t......
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Cox v. Atl. Coast Line R. Co, (No. 57.)
...sufficient, the state court is divested of jurisdiction over the case. Winslow v. Collins, 110 N. C. 119, 14 S. E. 512; State v. Dunlap, 65 N. C. 491, 6 Am. Rep. 746; Smith v. Quarries Co., 164 N. C. 338, 80 S. E. 388; Higson v. Insurance Co., 153 N. C. 35, 68 S. E. 920. The plaintiff can t......
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State v. Walls, No. 506.
...of the petitioner." In Fitzgerald v. Allman, 82 N.C. 492, 494, 495, speaking to the subject, it is said: "In State v. Dunlap, 65 N.C. 491 [6 Am. Rep. 746], decided at June Term, 1871, the statute is construed to extend to, and 'include cases where, by reason of prejudice in the co......
-
Paine v. Caldwell
...the building of a bridge, to present their plan to the County Commissioners and obtain their assent to the contract, and to the necessary [65 N.C. 491]tax. Sec. 7 was intended to present another check to the imprudence of the Trustees. The building of a bridge, which is beyond the ability o......
-
Rachel v. State of Georgia, No. 21354.
...the defendant alleged his inability to obtain a fair trial due to such informal impediments as local prejudice. State v. Dunlap, 1871, 65 N.C. 491; see also Ex parte Wells, 3 Woods 128, quoted in Kentucky v. Powers, 1906, 201 U.S. 1, 27, 26 S.Ct. 387, 50 L. Ed. 633 (Bradley, J., on Later, t......
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Cox v. Atl. Coast Line R. Co, (No. 57.)
...sufficient, the state court is divested of jurisdiction over the case. Winslow v. Collins, 110 N. C. 119, 14 S. E. 512; State v. Dunlap, 65 N. C. 491, 6 Am. Rep. 746; Smith v. Quarries Co., 164 N. C. 338, 80 S. E. 388; Higson v. Insurance Co., 153 N. C. 35, 68 S. E. 920. The plaintiff can t......
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State v. Walls, No. 506.
...of the petitioner." In Fitzgerald v. Allman, 82 N.C. 492, 494, 495, speaking to the subject, it is said: "In State v. Dunlap, 65 N.C. 491 [6 Am. Rep. 746], decided at June Term, 1871, the statute is construed to extend to, and 'include cases where, by reason of prejudice in the co......
-
Paine v. Caldwell
...the building of a bridge, to present their plan to the County Commissioners and obtain their assent to the contract, and to the necessary [65 N.C. 491]tax. Sec. 7 was intended to present another check to the imprudence of the Trustees. The building of a bridge, which is beyond the ability o......