*1
AUGUST'
TERM,
707
C.]
provision
empowering
county commissioners to issue li
cense
where
“except
sale of
territory
liquor
pro
law.”
hibited by
1901,
Laws
lines 20
page
21;
142,
Witter,
State v.
The other need no- exceptions and indeed were discussion, pressed Court. No Error.
STATE v. WILCOX. (Filed September 1902.) 30, HOMICIDE —Trial—Disturbance Court —Law the Land —New
Where, person closing murder, during on the trial of a argument for the prisoner, about one hundred leave given, judge, the court-room and a fire alarm is the trial finding as a fact that these demonstrations were made for argument the force of the coun- granted. sel, a new trial will be INDICTMENT James Wilcox, heard by Judge A. Jones and George at March Term, 1902, Superior County. Pasquotank From verdict of of murder in the first guilty and judgment thereon, degree, the defendant appealed. Gilmer, D. Ward,
Robert and G. W. Attorney-General, for the State.
F. F. and W. M. Aydlett the defendant. Bond, J. “No person be taken dis- or Montgomery, seized of his freehold, liberties or or outlawed privileges, exiled, or of his deprived life, liberty by the land.” And that provision COURT. THE IN SUPREME *2 v. Wilcox.
State well and as to.the appplies procedure Constitution our State the Courts of as it does to trial in our of law which underlie our Under of society. great principles crime all with are as charged law of persons the land, the are fair and trial as they to a unprejudiced much entitled n their their the of their persons, protectio under the same Cbnstitu have the right They reputation. and wilful inter for their defence, to' counsel tion have in defence, such while conducting of counsel ruption unlawful is not and embarrass, to disconcert tended of a fair but is trial, and deserving preventing obstructing citizens. all the of good condemnation an. indictment was on In arraigned this the case, de- the first of that crime in was convicted murder and while and circumstantial; was entirely The evidence gree. in its produce very that evidence nature, may, character' it yet certainty of moral its application, a degree high that it greatest degree to. be requires never forgotten in its application. caution and vigilance seems hardly possible the record case, In reading cautious vigilant could given that the and of them, which evidence the. required attention his case to them by of the prisoner’s to tho presentation de of the case which the importance counsel thought, peo one hundered In immediate presence, manded. their rights their deliberate purpose prejudice ple the Oommon- a wrong against committed great prisoner, outside the Court. On the contempt wealth pur took the. greater improprieties place, court-house, with No such jury. pose prejudicing before, in our State demonstrations wore ever witnessed he honor never to for the Commonwealth, repeated. “After Honor,
In the of the case he said: statement hy AUGUST TEEM, 0.] State v. Wilcox. all
the evidence and while in, one was of the counsel was making closing argument prisoner, about one hundred about a fourth people, as if left the room. Soon
court-room, thereafter, concert, while the same counsel was addressing fire alarm was near the which given court-house, caused a number other leave the court room. is. of opin- ion, and so finds the these fact, demonstrations were made for the of- the force of *3 But the Court does argument. not find that the were jury motion, influenced There is made thereby. no the pris- by oner to aside set the verdict in of said conduct.” consequence
Sufficient excuse was made here the counsel for the by fox the prisoner failure to make the motion for a new trial below to in justify con- Attorney-General an to consider the senting agreement motion as having been at entered which he proper did. In such time, case as it was not that a indispensable this, finding by Honor that the had been influenced the conduct by ' should have been made. offenders, The disorderly pro- assumed such ceedings to warrant proportions this Court in that the trial was declaring not conducted to the aeording law of the land. The of our propriety ruling strength- ened by circumstances that were contempt proceedings those commenced no motion offending, was made to set the verdict aside and for a new trial after such unheard-of demonstrations. The counsel for the pris- in his oner, argument here, in response to a stated question, if the verdict had been set would aside, amet violent death on the instant. The must not be tried to the forms only according these forms included law law, “the expression but his land,” trial must be unattended in- demonstrations, fluences and intimi- lawlessness and IN THE SUPREME COURT. former occasion. on the The as were dation Courts administration civilization, proper must stand There a new must be orderly proceedings. trial of this case.
New The found ás Clark, J, concurring. Judge, having within and without the court fact that the demonstrations, force were made “for the room, and nature the magnitude argument,” a new trial. were such as to demonstrations require fair unbiased, be must not justice administration save suspicion any influence, but must be above any just the evidence before shall that credit which the jury give ethat welfar of vital public them. It is importance shall command respect, of Courts of decisions ex to believe this will if there is be impossible ground kind whatever has been brought influence of traneous bear.