Bryans v. State
Supreme Court of Georgia
Indictment for Assault with intent to Rape. In Butts Superior Court. Motions decided by Judge Speer. September Term, 1865. The plaintiff in error being indicted for the offence of assault with intent to commit a rape, a jury was impanneled and sworn to try him. The Solicitor General opened the case for the State, read the indictment to the jury, and offered to swear the prosecutrix.
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Indictment for Assault with intent to Rape. In Butts Superior Court. Motions decided by Judge Speer. September Term, 1865. The plaintiff in error being indicted for the offence of assault with intent to commit a rape, a jury was impanneled and sworn to try him. The Solicitor General opened the case for the State, read the indictment to the jury, and offered to swear the prosecutrix. Prisoner’s counsel obj ected to the introduction of any testimony, and moved the court to be allowed to take a verdict for the prisoner, on the ground that there had been no arraignment and no plea. The court…
1Opinion of the CourtHarris, J.
Until arraignment and plea, there is no issue between the State and prisoner. See 4525 seo. of Code.
It is conceded on all hands, that there had been in this case no arraignment of the prisoner, nor waiver of it. There could, consequently, be no plea to the indictment. The empanneling of a jury then was, then, merely an irregularity.
The omission to arraign, in Georgia, furnishes no ground in arrest oí judgment: the prisoner cannot, under our criminal system, get any substantial advantage by it. The provisions of the Code and its spirit, in consonance with that of the age, looks only to giving…
2Cited by21 opinions
- Doyal v. StateSupreme Court of Georgia · 1883
- Davis v. StateCourt of Appeals of Georgia · 1975
- Hudson v. StateSupreme Court of Georgia · 1903
- Gray v. StateCourt of Appeals of Georgia · 1909
- State v. WarrenCourt of Appeals of Georgia · 1975
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