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STATE v. SELPH

No. 7611SC904.

234 S.E.2d 453 (1977)

33 N.C. App. 157

STATE of North Carolina v. Jerry Lee SELPH.

Court of Appeals of North Carolina.

May 4, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., Ralf F. Haskell and Associate Atty., Elisha H. Bunting, Jr., Raleigh, for the State.

James W. Narron, Smithfield, for defendant-appellant.

ARNOLD, Judge.

The principal argument on this appeal concerns the possibility of misconduct by one of the jurors. Defendant contends that his attorney should have been allowed to question vigorously this juror as to whether she talked to Mrs. Aswald about the case. The trial judge, according to defendant, misapplied an axiom of common law announced by Lord Mansfield in Vaise v. Delaval, 1 T.R. 11, 99 Eng.Rep. 944 (K.B.1785), which says that a juror will not...

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