McLain v. State
Supreme Court of Georgia
Criminal Law. Jurors. Constitutional Law. Officers. Witness. Charge of Court. Before Judge Mershon, Charlton Superior Court. April Term,jL883. David McLain was indicted for the murder of William F Sexton. The evidence showed, in brief, the following facts: McLain’s mother claimed certain improvements on land as belonging to her. She had formerly lived there^ but bad moved, and at the time of the homicide Sexton was in possession.
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Criminal Law. Jurors. Constitutional Law. Officers. Witness. Charge of Court. Before Judge Mershon, Charlton Superior Court. April Term,jL883. David McLain was indicted for the murder of William F Sexton. The evidence showed, in brief, the following facts: McLain’s mother claimed certain improvements on land as belonging to her. She had formerly lived there^ but bad moved, and at the time of the homicide Sexton was in possession. Mrs. McLain obtained permission from one Lang, the agent of the owners of the land, to sell or haul off the improvements, and she and her two sons and a nephew of…
1Opinion of the Court
Hall, Justice.
The first question to be considered is, whether the court erred in overruling the prisoner’s challenge to the jurors, as they were severally put upon him, upon the ground of challenge assumed and insisted upon.
(1.) That several of said jurors belonged to the panel of grand jurors, and were incompetent to serve as tales jurors upon the trial of this issue.
(2.) That when the jury box was revised and the list of jurors was made out, the commissioners neglected to certify and sign said list.
(3.) That one of the jury commissioners was incompetent to act as such, he being then a…
2Cases cited3 opinions
- Mitchum v. StateSupreme Court of Georgia · 1852
- Everett v. StateSupreme Court of Georgia · 1878
- Rouse v. StateSupreme Court of Georgia · 1848
3Cited by27 opinions
- Swift & Co. v. Morgan & SturdivantCourt of Appeals for the Fifth Circuit · 1954
- Cauley v. StateCourt of Appeals of Georgia · 1976
- Tanner v. StateSupreme Court of Georgia · 1926
- Johnson v. StateSupreme Court of Georgia · 1931
- Lee v. ByrdSupreme Court of Georgia · 1929
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