Carr v. State
Supreme Court of Georgia
Petition for certiorari. Befor Judge Clark. Pulton county. The exception is to the refusal of the judge to sanction a petition for certiorari, on the ground that the writ does not lie in the case presented. It appears from the petition, that plaintiff in error was convicted of murder and sentenced to death. Afterwards a petition on behalf of himself, and of another person as his next friend, was filed with the ordinary, for inquisition as to alleged insanity of the prisoner.
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Petition for certiorari. Befor Judge Clark. Pulton county. The exception is to the refusal of the judge to sanction a petition for certiorari, on the ground that the writ does not lie in the case presented. It appears from the petition, that plaintiff in error was convicted of murder and sentenced to death. Afterwards a petition on behalf of himself, and of another person as his next friend, was filed with the ordinary, for inquisition as to alleged insanity of the prisoner. Code, §4666. A jury was summoned; evidence and argument were heard, and the jury failed to agree, seven of them voting…
1Opinion of the Court
Lumpkin, Justice.
The majority of this court are of the opinion that the inquisition authorized by section 4666 of the code is not a judicial proceeding. That section does not provide either that the sheriff or the ordinary shall preside over the deliberations of the jury, or in any manner participate in the inquiry made by them into the alleged insanity of the convict. It imposes upon neither of the officer’s mentioned the •exercise of any judicial function. Their authority in the premises is confined to the single act of summoning the jury; or rather, the sheriff is to do the summoning,…
2Cases cited1 opinion
- Spann v. StateSupreme Court of Georgia · 1873
3Cited by6 opinions
- Baughn v. StateSupreme Court of Georgia · 1897
- Solesbee v. BalkcomSupreme Court of Georgia · 1949
- Sears ex rel. Baker v. CandlerSupreme Court of Georgia · 1900
- Phyle v. DuffyCalifornia Supreme Court · 1949
- Phyle v. DuffyCalifornia Supreme Court · 1949
1 more not listed; retrieve them via the Exa API.