Legal Opinion

Frank v. State

Supreme Court of Georgia

Decided November 14, 1914PublishedCited by 62 opinions

Indictment for murder. Before Judge Hill. Fulton superior court. June 6, 1914. Leo M. Frank filed his motion in writing, which was afterwards amended, to set aside the verdict of guilty of murder rendered against him in the superior court of Fulton county. To this motion the State of Georgia interposed its demurrer, both general and special.

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Indictment for murder. Before Judge Hill. Fulton superior court. June 6, 1914. Leo M. Frank filed his motion in writing, which was afterwards amended, to set aside the verdict of guilty of murder rendered against him in the superior court of Fulton county. To this motion the State of Georgia interposed its demurrer, both general and special. On the hearing of the demurrer, and at the conclusion thereof, judgment was rendered by the court; on June 6th, 1914, sustaining the demurrer upon each and every ground, and dismissing the motion. To this judgment Leo M. Frank excepts and assigns'the same…

1Opinion of the CourtHill, J.

(After stating the foregoing facts.)

1. Did the absence of the defendant, under the foregoing statement of facts, at the time that the verdict finding him guilty of murder was received by the court and the jury trying him was discharged, render the verdict void and of no legal effect? It is insisted by the defendant that the reception of the verdict in his involuntary absence, while he was confined in jail, was in violation of the due-process clauses of the State and Federal constitutions, and that it denied him the equal protection of the laws. “Due process of law, as the meaning of the words…

2Cases cited42 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  3. Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
  4. In Re KemmlerSupreme Court of the United States · 1890
  5. Crain v. United StatesSupreme Court of the United States · 1896

37 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. Frank v. MangumSupreme Court of the United States · 1915
  2. Wilson v. StateSupreme Court of Georgia · 1955
  3. Bryant v. StateSupreme Court of Georgia · 1944
  4. Capwell v. StateWyoming Supreme Court · 1984
  5. Swain v. StateSupreme Court of Georgia · 1926

57 more not listed; retrieve them via the Exa API.

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