Horne v. State
Supreme Court of Georgia
Indictment for murder. Tried before Judge Vason. Sumter Superior Court. September Special Term, 1867. The indictment charged Ben Horne, Scott Horne, Edmund Horne, Richard Horne and George Jackson, Jr., negroes, with the murder of Joab W. C. Horne, on the 12th. August, 1867, in said county. The defendants were arraigned. 1st. A motion was made to change the venue. The Court refused to entertain the motion, until efforts to obtain a jury-in the county had failed. 2d.
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Indictment for murder. Tried before Judge Vason. Sumter Superior Court. September Special Term, 1867. The indictment charged Ben Horne, Scott Horne, Edmund Horne, Richard Horne and George Jackson, Jr., negroes, with the murder of Joab W. C. Horne, on the 12th. August, 1867, in said county. The defendants were arraigned. 1st. A motion was made to change the venue. The Court refused to entertain the motion, until efforts to obtain a jury-in the county had failed. 2d. The indictment was demurred to, because in one count all of the defendants were charged with the murder, and in the other count…
1Opinion of the CourtWalker, J.
1. By the Revised Code, section 4535, the form of an indictment should be: “The grand jurors selected, chosen and sworn for the county of-to-wit: in the name and behalf of the citizens of Georgia, charge and accuse,” etc. By section 4536, all exceptions which go merely to the form of an indictment, shall be made before trial; and no motion in arrest of judgment shall be sustained for any matter not affecting the real merits of the offence charged in the indictment. After the rendition of the verdict, the defendants moved to arrest the judgment because the bill of indictment fails to charge…
2Cited by9 opinions
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- Hopper v. KempSupreme Court of Georgia · 1976
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