Opinion · Supreme Court of North Carolina
State v. . Nash
30 N.C. 35
- Type
- Opinion
- Court
- Supreme Court of North Carolina
- Jurisdiction
- North Carolina
- Date
- 1847-12-05
- Topic
- general
Nash, J. We perceive nothing in the manner in which the jury was formed, or in the charge of the presiding Judge, to induce us to disturb the verdict in this case. The error alleged as to the former consists, as we are told, in the fact, that, after failing to procure the jury from the original pannel, the Court directed the names of thirty-six of the tales jurors to be put into the box, instead of ordering the whole to be deposited together, as it was the right of the prisoner to have an opportunity *37 of having all the tales tendered to him. If it be true, that, upon the failure to procure a jury from the original venire, the prisoner had a right to have tendered to him ■the whole of the special venire, and that upon his demand it would have been erroneous to refuse it, (a point we do not decide,) yet here there has been no error, because he did not demand it, and he was notin fact deprived of any right belonging to him. The jury was not formed out of the thirty-six names first deposited in the box, but, after that pannel was exhausted, the names of all the remainder of the tales jurors were deposited and drawn from.
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- Cited by
- 6 opinions
2. The mother of the prisoner being introduced by him to prove analibi, the court charged the jury "that the law regarded with suspicion the testimony of near relations when testifying for each other; that it was the province of the jury to consider and decide on the weight due to her testimony, and, as a general rule, in deciding on the credit of the witnesses on both sides, they ought to look to the deportment of the witnesses, their capacity and opportunity to testify in relation to the transaction, and the relation in which the witness stood to the party":Held, that this charge was not erroneous.
On the trial the prisoner introduced his mother as a witness, to prove analibi, and she swore to his absence at the time it was alleged the murder was committed. The court charged, "That the law regarded with suspicion the testimony of near relations, when testifying for each other; that it was the province of the jury to consider and decide on the weight due to her testimony, and, as a general rule, in deciding on the credit of the witnesses, on both sides, they ought to look to the deportment of the witnesses, their capacity and opportunity to testify in relation to the transaction, and the relation in which the witness stood to the party."Page 37
The prisoner was convicted, and moved for a new trial for error of the court in forming the jury and error in the charge. This motion was overruled, and the prisoner then moved in arrest of judgment, and, that being refused, appealed.
No counsel for defendant.
The presiding judge was fully sustained in his charge as to the evidence of the mother of the prisoner byS. v. Ellington,29 N.C. 61. The charge in the latter case was, in principle, what it is here, and the reasons are there so fully stated that it is sufficient to refer to it.
We have looked carefully into the record, and are unable to perceive in it any reason for which the judgment should be arrested.
PER CURIAM. Ordered to be certified accordingly.Cited: S. v. Nat,51 N.C. 117;Flynt v. Bodenhamer,80 N.C. 208;S.v. Hardee,83 N.C. 622;S. v. Jenkins,85 N.C. 547;Buxly v. Buxton,92 N.C. 484;Ferrall v. Broadway,95 N.C. 559;S. v. Byers,100 N.C. 518;S. v. Lee,121 N.C. 544.Page 38
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