Citation Numbers: 36 S.E. 31, 126 N.C. 1095, 1900 N.C. LEXIS 367
Judges: Clark
Filed Date: 5/8/1900
Status: Precedential
Modified Date: 10/19/2024
The exceptions to jurors were properly abandoned in this Court. The finding of fact by the judge that a juror is indifferent is not reviewable.S. v. Potts,
The only exception to evidence was that which showed weapons in possession of the prisoner but which was competent to show preparation. The sole exception to the charge was the "broadside" exception "to the charge as given," which the unbroken decisions of this Court, in accordance with the provision of the statute governing appeals (Code, sec. 550), hold inadmissible. S. v. Moore,
When the remarks of counsel were objected to, the judge promptly stopped him and cautioned the jury not to consider them, which was all the court could do. S. v. Rivers,
The verdict "guilty of the felony of murder in the first degree" is a substantial compliance with the statute, and the meaning of the jury could not be misunderstood. The addition, next day by order of the court, of the words "in manner and form as charged in the bill of indictment," was a mere formality which in no wise prejudiced the prisoner.
A month after the trial, the prisoner's counsel moved for a new trial because of misconduct of the jury. The court was then functus officio. S.v. Sanders,
The counsel for the prisoner, with commendable zeal, has presented every possible objection which might vitiate the trial below, but so far as the record appears the minister's appeal has been answered, and the prisoner has had the fair trial which the laws of his country guaranteed him.
No error.
Cited: Simmons v. Davenport,
(1099)
State v. . Ussery , 118 N.C. 1177 ( 1896 )
State v. . Rivers , 90 N.C. 738 ( 1884 )
State v. . Bennett , 93 N.C. 503 ( 1885 )
State v. . Warren , 92 N.C. 825 ( 1885 )
State v. . Hensley , 94 N.C. 1021 ( 1886 )
Boon v. . Murphy , 108 N.C. 187 ( 1891 )
State v. . Sanders , 111 N.C. 700 ( 1892 )
State v. . Potts , 100 N.C. 457 ( 1888 )
State v. J. S. Wilcox , 118 N.C. 1131 ( 1896 )
State v. . Moore , 120 N.C. 570 ( 1897 )
Simmons v. Davenport. , 140 N.C. 407 ( 1906 )
State v. Moye , 12 N.C. App. 178 ( 1971 )
State v. . Hall , 181 N.C. 527 ( 1921 )
State v. Gregory. , 153 N.C. 646 ( 1910 )
State v. . Morris , 215 N.C. 552 ( 1939 )
State v. . Snipes , 185 N.C. 743 ( 1923 )
State v. Childs , 269 N.C. 307 ( 1967 )
State v. Spencer , 239 N.C. 604 ( 1954 )
State v. Ledbetter , 4 N.C. App. 303 ( 1969 )
State v. . Whitley , 208 N.C. 661 ( 1935 )
State v. . Heavener , 168 N.C. 156 ( 1914 )
State v. . Messer , 192 N.C. 80 ( 1926 )