State v. . Jacobs

Citations

• 10 S.E. 1031
• 106 N.C. 695

Syllabus

<p>Expression of Opinion — Peremptory Challenge — Conduct of Defendant — •Evidence.</p> <p>1. A remark of the Judge made before trial begun, that the jailor had informed Kim. the-prisoner “would escape if he had the opportunity” is not an expression of opinion upon the facts prohibited by the Act of 1796.</p> <p>2. The right of peremptory challenge is a right to reject, not to select; hence when there are two defendants, one cannot complain that the other peremptorily challenged a juror who was acceptable to himself.</p> <p>3. The conduct of a prisoner when arrested is competent to be shown in evidence.</p>