Legal Opinion

Jackson v. State

Supreme Court of Georgia

Decided January 15, 1874PublishedCited by 10 opinions

Criminal law. Jury. Assault with intent to murder. Officers. Before Judge Pottle. Hancock Superior Court. October Term, 1873. Jackson was placed on trial for the offense of assault with intent to murder, alleged to have been committed upon the person of one James M. Achord, on December 28th, 1872. Upon arraignment the defendant pleaded specially in bar as follows: At the last term of the court the defendant was placed on trial for the same offense and upon the same…

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Criminal law. Jury. Assault with intent to murder. Officers. Before Judge Pottle. Hancock Superior Court. October Term, 1873. Jackson was placed on trial for the offense of assault with intent to murder, alleged to have been committed upon the person of one James M. Achord, on December 28th, 1872. Upon arraignment the defendant pleaded specially in bar as follows: At the last term of the court the defendant was placed on trial for the same offense and upon the same indictment upon which he is now arraigned, when he waived arraignment and filed a plea of not guilty. After the case had been…

1Opinion of the Court

Trippe, Judge.

1. At a former term of the court a jury had been impanneled to try the case, but before any evidence was submitted, it was discovered that one of the panel had been one of the grand jury that found the bill. All the other jurors had been discharged for the term. The solicitor general moved for and obtained an order to withdraw the case from the jury, aud to continue it. The defendant neither waived the objection to the juror nor objected to the order. He now pleads that action of the court in bar of any further trial. The juror who had been of the grand jury who returned the…

2Cited by10 opinions

  1. Mack v. StateSupreme Court of Georgia · 1879
  2. West v. StateSupreme Court of Florida · 1900
  3. Dodys v. StateCourt of Appeals of Georgia · 1946
  4. Dennis v. StateMississippi Supreme Court · 1909
  5. Passley v. StateSupreme Court of Georgia · 1942

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