{
  "id": 11278585,
  "name": "STATE vs. L. W. FULTON",
  "name_abbreviation": "State v. Fulton",
  "decision_date": "1872-01",
  "docket_number": "",
  "first_page": "632",
  "last_page": "634",
  "citations": [
    {
      "type": "official",
      "cite": "66 N.C. 632"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 213,
    "char_count": 2981,
    "ocr_confidence": 0.375,
    "pagerank": {
      "raw": 4.7492960360752035e-08,
      "percentile": 0.2987409690680808
    },
    "sha256": "e66625426a0dc4e9989503c5d146a7b81cefc7c8a4db119835b901b522b6850c",
    "simhash": "1:fdd4871e15888e56",
    "word_count": 511
  },
  "last_updated": "2023-07-14T15:10:37.048272+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE vs. L. W. FULTON."
    ],
    "opinions": [
      {
        "text": "BoydeN, J.\nIn this case, after exhausting his peremptory challenges ; the defendant asked to be allowed to make further challenges, for cause; without naming any one of the jurors, or assigning any specific cause of challenge.\nThis right to challenge for cause was refused, His Honor holding that such challenges could only be made on trials in capital cases.\nUpon this part of the record, the question arose, whether to avail himself of this apparent error, the defendant should not have named the particular juror, and assigned a specific cause of challange; in analogy to the case of the rejection of evidence, in which case this Court has repeatedly held, that to show error in such case, the party excepting must put upon the record, the evidence rejected so this Court might determine its materiality, as otherwise the Court could not adjudge that there was error.\nAfter much consideration a majority of this Court are of opinion that His Honor erred, when he expressly denied this right of challenge in misdemeanors and confined it to capital cases.\nWhy proceed to name the juror and assign the cause of challenge, after His Honor had distinctly announced that such challenges could only be made in capital cases.\nWe regret the necessity of awarding a venire de novo, as the case shows that the defendant admitted the act of violence charged as a forcible trespass, and seemed to rely for his defense upon the ground of the no constitution ality of the act directing the levy of the tax, for which the Sheriff made the the seizure.\nIt seems that a such a defense cannot avail the defendant.\nThere is error. Venire de novo.\nThis will be certified.\nPbe CubiaM. Venire de novo.",
        "type": "majority",
        "author": "BoydeN, J."
      }
    ],
    "attorneys": [
      "Attorney General and T. J. Wilson for the State.",
      "Wo Counsel for the defendant in this Court."
    ],
    "corrections": "",
    "head_matter": "STATE vs. L. W. FULTON.\n1. la an indictment for a misdemeanor, a defendant has a right to ehaliange a juror for cause, and this right is not confined to capital eases.\n\u25a0?j. Where a defendant proposes to ehaliange a juror for cause \u2014 and the judge announces generally that such challenges are \u201cunusual,\u201d except in capital cases \u2014it is not necessary that the defendant should name the particular juror, nor assign a special cause.\n8. The supposed analogy between a cause ot challenge and an exception to evidence does not exist.\nThis was an indictment for forcible tresspas, tried before 'Cannon, \u00abFudge, at Fall Term, of Forsythe Superior Court.\nIn selecting a jury, the defendant, after exhausting his pre-\u25a0emptory challenges, asked to be allowed to make further chai-lenges for cause. This was denied by His Honor, upon the ground that it was unusual, except in capital cases. To this railing the defendant excepted. The jury was empanelled and evidence given tending to prove the guilt of the defendant.\nIt is unnecessary to state the facts more fully, as the opinion of the Court is rendered upon the point presented in the \u2022above statement. Yirdict of guilty. Judgment and appeal to the Supreme Court.\nAttorney General and T. J. Wilson for the State.\nWo Counsel for the defendant in this Court."
  },
  "file_name": "0632-01",
  "first_page_order": 654,
  "last_page_order": 656
}