Legal Opinion

Nobles v. State

Supreme Court of Georgia

Decided December 13, 1906PublishedCited by 40 opinions

Indictment for adultery. Before Judge Peeples. City court of Nashville. October 6, 1906. Upon both direct and circumstantial evidence the accused was convicted, and he excepted to the refusal of a new trial.

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Indictment for adultery. Before Judge Peeples. City court of Nashville. October 6, 1906. Upon both direct and circumstantial evidence the accused was convicted, and he excepted to the refusal of a new trial. The special grounds of the motion for new trial are, in brief: 1. Before pleading to the indictment, the defendant filed his challenge to the poll of each of the jurors (naming twenty-four), being the jury put upon him separately; for the reason that at previous terms the affidavits of certain named witnesses, including the woman with whom the adultery was alleged to have been committed,…

1Opinion of the CourtAtkinson, J.

1. In the 1st, 2d, and 3d grounds of the amendment to the motion for new trial, complaint is made of certain rulings of the court relating to questions to be propounded to the jurors for the purpose of ascertaining whether or not they were competent. This is a misdemeanor case. The jurors had been attacked only upon the ground of having previously heard certain affidavits read and certain evidence delivered on a motion to continue. The presiding judge permitted the jurors to be asked, under' oath: “Have you, from having seen the crime committed, or from having heard any testimony delivered on…

2Cases cited4 opinions

  1. McElroy v. StateSupreme Court of Georgia · 1906
  2. Lipham v. StateSupreme Court of Georgia · 1906
  3. Nero v. StateSupreme Court of Georgia · 1906
  4. Sullivan v. PadrosaSupreme Court of Georgia · 1905

3Cited by40 opinions

  1. DePalma v. StateSupreme Court of Georgia · 1971
  2. Bryant v. StateSupreme Court of Georgia · 1972
  3. Brannon v. StateSupreme Court of Georgia · 1913
  4. Freeney v. StateSupreme Court of Georgia · 1907
  5. Cook v. StateCourt of Appeals of Georgia · 1918

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