Legal Opinion

Wade v. State

Supreme Court of Georgia

Decided August 15, 1852No. 8PublishedCited by 48 opinions

Indictment, in Dooly Superior Court, for an assault with intent to commit a rape. Tried before Judge Powers. April Term, 1852. At the April Term, 1852, of Dooly Superior Court, Elisha Wade was tried and convicted of an assault with intent to commit a rape.

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Indictment, in Dooly Superior Court, for an assault with intent to commit a rape. Tried before Judge Powers. April Term, 1852. At the April Term, 1852, of Dooly Superior Court, Elisha Wade was tried and convicted of an assault with intent to commit a rape. Counsel for the defendant moved for a new trial, upon the following grounds. 1st. Because John Lashly, one of the Jurors who tried said cause, since the trial of the same, has said to John D. and William R. Dawson, and various other persons, that before the trial his mind was fixed and made up as to the guilt of the defendant, and which was…

1Opinion of the Court

By the Court.

Warner, J.

delivering the opinion.

[1.] The first ground taken for a new trial in this case, in the Court below was, that John Lashly, one of the Jurors who returned the verdict against the defendant, was not an impartial Juror, having formed and expressed an opinion against him, before he was impannelled and sworn as a Juror, which fact was unknown to the defendant until after the trial. The application for a new trial on this ground, is based on the affidavits of S. W. Pearce, John D. and Wm. R. Dawson, John W. Cox, and the affidavit of the defendant. Pearce states, that during…

2Cited by48 opinions

  1. Gilreath v. StateSupreme Court of Georgia · 1981
  2. Hanifa v. StateSupreme Court of Georgia · 1998
  3. Watkins v. StateSupreme Court of Georgia · 1976
  4. Wilson v. StateSupreme Court of Georgia · 1955
  5. Frank v. StateSupreme Court of Georgia · 1914

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