State v. Vick

Citation132 N. C. 995,43 S.E. 626
CourtUnited States State Supreme Court of North Carolina
Decision Date24 March 1903
PartiesSTATE. v. VICK.

43 S.E. 626
132 N. C. 995

STATE.
v.
VICK.

Supreme Court of North Carolina.

March 24, 1903.


JURY — QUALIFICATIONS OF JURORS — CHALLENGES—DISCRETION OF COURT—OPINIONS AGAINST CAPITAL PUNISHMENT—FAILURE OF STATE TO CHALLENGE—DISCHARGE BY COURT—FINDINGS—REVIEW.

1. Code 1883, § 1722, providing that good and lawful men required by Const, art. 1, § 13, to serve on juries, shall be men found by the county commissioners to have paid taxes for the preceding year, and of good moral character and of sufficient intelligence, did not abolish challenges to jurors, in particular actions, for bias, interest, kinship, etc.

2. Under Code 1883, §§ 405, 1199, providing that the judge shall decide all questions as to the competency of jurors, the competency or incompetency of jurors is within the discretion of the courts.

3. Rulings of law by the judges of the superior courts on challenges to jurors for cause are subject to review on appeal.

4. Findings of fact by the trial court on challenges to jurors for cause are conclusive on appeal.

5. Findings of fact and law on challenges to jurors to the favor are conclusive on appeal.

6. Where a juror in a capital case stated that he, as an individual, was opposed to capital punishment, and that he had religious scruples against acting as a juror in capital cases, he was properly excused by the court.

7. Where a jury had not been impaneled in a capital case at the time a juror stated to the court that he did not think he was competent,

[43 S.E. 627]

by reason of his opposition to capital punishment, etc., the fact that the state's attorney had passed the juror to the prisoner did not preclude the court from excusing him.

8. Where a juror in a capital case stated to the court that he did not think he was competent, by reason of his opinions against capital punishment, the fact that the juror was not challenged by the state did not preclude the court from excusing him.

Appeal from Superior Court, Wayne County; Robinson, Judge.

Fred Vick, alias Frank Vick, was convicted of rape, and he appeals. Affirmed.

W. C. Munroe, for appellant.

The Attorney General, for the State.

MONTGOMERY, J. The prisoner was convicted of a capital felony—rape. The only question brought up by the appeal for decision relates to the competency of one of the jurors. It appears from the record that the juror J. B. Cox, one of the special venire, had been asked by the solicitor for the state whether he had formed and expressed the opinion that the prisoner was not guilty, and was passed to the prisoner. The juror then, of his own...

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