Burgess v. Simmons

Atkinson, Presiding Justice.

In Collier v. State, 115 Ga. 803 (42 S. E. 226), it appeared that during the trial certain demonstrations were made in the court-room, and subsequently both in the court-room and the court-yard while the jury were considering the case. It was there ruled that the plaintiff in error did not have a fair and impartial trial in the manner contemplated by law, which is guaranteed to him by the constitution of this State; and whether the verdict was or was not supported by the evidence, it must for this reason be set aside. In the opinion Mr. Justice Little said:…