32 N.C. 469 | N.C. | 1849
Strictly speaking, a venire de novo could not be awarded on the point respecting the jurors, had the decision on it been erroneous, inasmuch as the prisoner's exception does not state that the challenge was made by him, nor assign any cause for it. In S. v. Benton,
But if the Court could supply that defect by supposing that the prisoner was the challenging party, and that his cause of challenge was that the jurors had from rumor made up and expressed an opinion against him, the Court would still hold, as the cause is stated, that the Superior Court did not err in again tendering the juror to the prisoner. As was said in S. v. Ellington,
In S. v. George,
Upon the other question of evidence we suppose his Honor attended to the directions which appeared to have been given by the presiding judge as to the mode of examining witnesses to general character, in S. v. Boswell,
PER CURIAM. Ordered to be certified accordingly.
Cited: March v. Harrell,