Brinkley v. State
Supreme Court of Georgia
Criminal law. Venue. Continuance. Practice in the Superior Court. Jury. New trial. Courts. Before Judge Buchanan. Coweta Superior Court. March Adjourned Term, 1874. Brinkley was placed on trial for the murder of his wife, alleged to have been committed on May 13th, 1874. The defendant pleaded not guilty. The evidence disclosed a most aggravated case of murder. The jury returned a verdict of guilty.
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Criminal law. Venue. Continuance. Practice in the Superior Court. Jury. New trial. Courts. Before Judge Buchanan. Coweta Superior Court. March Adjourned Term, 1874. Brinkley was placed on trial for the murder of his wife, alleged to have been committed on May 13th, 1874. The defendant pleaded not guilty. The evidence disclosed a most aggravated case of murder. The jury returned a verdict of guilty. The defendant moved for a new trial upon the following grounds: 1st. Because the court refused to order the venue changed, on the affidavit of the defendant to the effect that he believed an…
1Opinion of the Court
McCay, Judge.
1. There is no question as to the first point in this case. The words of the act are plain. The court is shut up to the mode of inquiry there provided. He is to summon juries and test them in the usual AAray to see if they be impartial, et‘c., and not until he has reasonably exhausted the list is he authorized to conclude that an impartial jury cannot be obtained.
2. Whilst the rulings of this court on the impropriety of continuing criminal cases on the sole ground of public excitement, almost certainly lead to the conclusion that this ground alone is not sufficient, the motion in…
2Cited by16 opinions
- Gunter v. StateSupreme Court of Georgia · 1979
- Harris v. StateSupreme Court of Georgia · 1940
- Woolfolk v. StateSupreme Court of Georgia · 1890
- Patton v. Bank of LaFayetteSupreme Court of Georgia · 1906
- Cribb v. StateSupreme Court of Georgia · 1903
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