Legal Opinion

McDow v. State

Supreme Court of Georgia

Decided July 17, 1901PublishedCited by 8 opinions

. Indictment for assault with intent to murder. Before Judge Henry. Floyd superior court. March 26, 1901.

1Opinion of the CourtPish, J.

1: Errors alleged to have been committed upon the trial of a special plea of misnomer in a criminal case do not constitute and can not be considered as proper grounds of a motion for a new trial in the main case ; and this is so although the same jurors passed upon the special plea and upon, the case in chief, it appearing that the two investigations were conducted independently of each other, that the jurors were separately sworn in each, and that there was no direct motion to set aside the finding on the special plea. Kneeland v. State, 62 Ga. 395; Boisclair v. State, 92 Ga. 453.

2. An…

2Cases cited1 opinion

  1. Kneeland v. StateSupreme Court of Georgia · 1879

3Cited by8 opinions

  1. McGruder v. StateSupreme Court of Georgia · 1957
  2. People v. BrottMichigan Supreme Court · 1910
  3. State v. FordhamNorth Dakota Supreme Court · 1904
  4. Winter v. StateCourt of Appeals of Georgia · 1984
  5. Whitehead v. StateCourt of Appeals of Georgia · 1985

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