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A new trial is in the discretion of the Court, who will not grant it unless dissatisfied with the verdict. Here was a full defense and a full examination of the evidence, and it was very sufficient, in my opinion, to warrant a verdict. This is not like the case of a juror who had expressed ill-will towards the defendant before being impaneled; for there, though the verdict was not incompatible with the evidence, there might be reason to suspect the trial had not been impartial.
NOTE. — See S. v. Greenwood,
2 N.C. 141 , and the notes thereto.Cited: S. v. Davis,
80 N.C. 414 ; S. v. Boon, ib., 465; S. v. Davis,126 N.C. 1010 ; S. v. Council,129 N.C. 517 ; S. v. Maultsby,130 N.C. 665 ;S. v. Upton,170 N.C. 771 ; Wilson v. Batchelor,182 N.C. 95 .
Document Info
Judges: TAYLOR, J.
Filed Date: 7/5/1804
Precedential Status: Precedential
Modified Date: 7/6/2016