State v. Jones

Citation80 N.C. 415
Case DateJanuary 31, 1879
CourtUnited States State Supreme Court of North Carolina

80 N.C. 415

STATE
v.
ROBERT JONES.

Supreme Court of North Carolina.

January Term, 1879.


INDICTMENT for Murder tried at Fall Term, 1878, of EDGECOMBE Superior Court, before Seymour, J.

The prisoner was charged with killing one Rudolph Eaton on the 25th of December, 1877, and the exceptions taken on the trial were as follows:--

1. A juror was called and passed by the state to the prisoner without challenge. He was challenged by the prisoner for cause and on being asked by prisoner's counsel if he had formed and expressed the opinion that the prisoner at the bar was guilty, he answered that he had,--that the prisoner was not guilty. The state then challenged him, and the court held that he was not impartial, and directed him to stand aside.

2. The prisoner offered to prove that about 11

[80 N.C. 416]

o'clock on the night of the 25th of December, one Freeman got a pistol from one Gordon, saying deceased had shivered his arm, and he was going to hunt him up, and that Freeman absented himself thereafter and did not return until after prisoner was convicted of the murder of deceased. The state objected and the evidence was excluded.

3. A motion in arrest was made, for that, the bill charged that deceased died on the 26th of December, 1878, instead of 1877. Motion overruled. Verdict of guilty, judgment, appeal by prisoner. (See same case, 79 N. C., 630.)

Attorney General, for the state .

No counsel in this court for prisoner.

ASHE, J.

The first exception taken was to the ruling of His Honor in allowing a juror to be challenged by the state after he had been passed to the prisoner, and while he was under examination by the prisoner upon his voir dire as to the cause of challenge. We are of opinion there was no error in this ruling. The juror stated that he had formed and expressed the opinion that the prisoner was not guilty. He was therefore not an impartial juror, and without a challenge by the state, it was the right and duty of the court to stand aside such juror at any time before the jury were impannelled and charged with the prisoner. State v. Boon, post --, and authorities there cited; State v. Adair, 66 N. C., 298; State v. Ward, 39 Ves. 225.

2. His Honor refused to admit testimony that one Freeman about eleven o'clock on the night the murder was committed got a pistol from one Gordon, saying deceased had shivered his arm and he was going to hunt him up, and that Freeman absented himself thereafter and did not return until after prisoner was...

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11 practice notes
  • State v. Atkinson, No. 22
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • May 14, 1969
    ...juror without a challenge by either party. State v. Vann, supra; State v. Vick, supra; State v. Boon, 80 N.C. 461; State v. Jones, 80 N.C. 415. It is immaterial that this is done as the result of information voluntarily disclosed by the prospective juror without questioning. State v. Vick, ......
  • State v. Lane, (No. 433.)
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • April 29, 1914
    ...was inadmissible." And this case was approved in State v. Lambert, 93 N. C. 618, citing in support of the principle State v. Jones, 80 N. C. 415; State v. Beverly, 88 N. C. 632; State v. Gee, 92 N. C. 756. There is no direct testimony to connect the third person with the corpus delicti......
  • State v. Harris, No. 2
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • March 14, 1973
    ...a jury indifferent as between the State and the prisoner.' This rule of practice is well settled by the authorities. State v. Jones, 80 N.C. 415; State v. Cunningham, 72 N.C. 469; State v. Green, 95 N.C. 611, 614; State v. Ward, 39 Vt. 225. The rule really goes beyond this, for it is the ri......
  • State v. Fuller
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • May 5, 1894
    ...and on voir dire states that he[19 S.E. 799]had formed and expressed the opinion that the prisoner is not guilty (State v. Jones, 80 N. C. 415), or where, even, after he Is both tendered and accepted, he then, on coming to the book to be sworn, states that he is related to the prisoner with......
  • Request a trial to view additional results
11 cases
  • State v. Atkinson, No. 22
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • May 14, 1969
    ...juror without a challenge by either party. State v. Vann, supra; State v. Vick, supra; State v. Boon, 80 N.C. 461; State v. Jones, 80 N.C. 415. It is immaterial that this is done as the result of information voluntarily disclosed by the prospective juror without questioning. State v. Vick, ......
  • State v. Lane, (No. 433.)
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • April 29, 1914
    ...was inadmissible." And this case was approved in State v. Lambert, 93 N. C. 618, citing in support of the principle State v. Jones, 80 N. C. 415; State v. Beverly, 88 N. C. 632; State v. Gee, 92 N. C. 756. There is no direct testimony to connect the third person with the corpus delicti......
  • State v. Harris, No. 2
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • March 14, 1973
    ...a jury indifferent as between the State and the prisoner.' This rule of practice is well settled by the authorities. State v. Jones, 80 N.C. 415; State v. Cunningham, 72 N.C. 469; State v. Green, 95 N.C. 611, 614; State v. Ward, 39 Vt. 225. The rule really goes beyond this, for it is the ri......
  • State v. Fuller
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • May 5, 1894
    ...and on voir dire states that he[19 S.E. 799]had formed and expressed the opinion that the prisoner is not guilty (State v. Jones, 80 N. C. 415), or where, even, after he Is both tendered and accepted, he then, on coming to the book to be sworn, states that he is related to the prisoner with......
  • Request a trial to view additional results

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