Legal Opinion

Hayes v. State

Supreme Court of Georgia

Decided January 15, 1877PublishedCited by 44 opinions

Criminal law. Indictment. Jury. Practice in the Superior Court. Arraignment. Charge of Court. Before Judge Gibson. Richmond Superior Court. April Adjourned Term, 1876. At the April term, 1875, of Richmond superior court, Hayes was placed on trial for the murder of Henry Key.

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Criminal law. Indictment. Jury. Practice in the Superior Court. Arraignment. Charge of Court. Before Judge Gibson. Richmond Superior Court. April Adjourned Term, 1876. At the April term, 1875, of Richmond superior court, Hayes was placed on trial for the murder of Henry Key. Before the defendant pleaded, he moved to quash the indictment upon the ground that the names of two of the grand jurors who found it, were not on the jury list of the county, to-wit: John W. Stoy and Seaborn Watford. The jury list being produced showed no such names, but did contain the names of S. Wadford and John W.…

1Opinion of the Court

Bleckley, Judge.

1. The indictment will not be quashed because the names of two of the grand jurors varied thus : the jury list had on it the name of S. Wadford; the indictment contained the name of Seaborn Watford; the jury list had on it the name of John W. Stoy, Jr., and the indictment contained the name of John W. Stoy. When the names so nearly correspond, and there is no decisive evidence showing that the persons who actually served as jurors, were not the individuals designated by the commissioners, and registered on the list as competent to serve, the presumption is that the grand jury…

2Cases cited3 opinions

  1. Monroe v. StateSupreme Court of Georgia · 1848
  2. Cogswell v. StateSupreme Court of Georgia · 1872
  3. Louis de Saulles & Co. v. LeakeSupreme Court of Georgia · 1876

3Cited by44 opinions

  1. Emory University v. LeeCourt of Appeals of Georgia · 1958
  2. State v. CarnagySupreme Court of Iowa · 1898
  3. Kinnebrew v. StateSupreme Court of Georgia · 1887
  4. Crawford v. StateSupreme Court of Georgia · 1893
  5. Horne v. RogersSupreme Court of Georgia · 1900

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