Legal Opinion

Ratteree v. State

Supreme Court of Georgia

Decided January 15, 1875PublishedCited by 8 opinions

Criminal Law. Jury. Evidence. Bes gestos. Charge of Court. Before Judge Hopkins. Fulton Superior Court. October Term, 1874. James Ratteree was placed on trial for the offense of murder, alleged to have been committed upon the person of W. L. Clifton on December 23d, 1873. The defendant pleaded not guilty. Amongst the jurors put upon the defendant was one by the name of J. A. Barry. The name upon the list furnished to the defendant was J. A. Berry.

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Criminal Law. Jury. Evidence. Bes gestos. Charge of Court. Before Judge Hopkins. Fulton Superior Court. October Term, 1874. James Ratteree was placed on trial for the offense of murder, alleged to have been committed upon the person of W. L. Clifton on December 23d, 1873. The defendant pleaded not guilty. Amongst the jurors put upon the defendant was one by the name of J. A. Barry. The name upon the list furnished to the defendant was J. A. Berry. No such name appeared upon the jury lists for the county, but he stated on oath that though his name was Barry, yet he wasgenerally called Berry.…

1Opinion of the Court

Trippe, Judge.

1. Though the juror’s name was spelled Parry he was generally called Berry. The name on the list furnished the defendant was the name by which the juror was generally known. Independent of the doctrine of idem sonant, it does not appear that the defendant could have been misled or injured. No showing was made that such was the result of misspelling the juror’s name on the list furnished him. He had the very name by which the juror was known, and the mere fact that the letter “ a ” should have been in the place of “e ” was not sufficient ground for a challenge either to the juror…

2Cited by8 opinions

  1. Cornelious v. StateSupreme Court of Georgia · 1941
  2. Hollywood v. StateWyoming Supreme Court · 1912
  3. Kearney v. StateSupreme Court of Georgia · 1897
  4. Belt v. StateSupreme Court of Georgia · 1897
  5. Roland v. StateSupreme Court of Georgia · 1907

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