Davis v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Meldrim. Chatham superior court. October 11, 1921. The defendant was jointly indicted with another for the offense of murder. He was tried separately, and the jury returned a verdict of guilty. He filed a motion in arrest of judgment, asserting that the death penalty had been imposed upon him without any valid verdict upon which to base the same, because the verdict returned did not specify the particular “ defendant ” found guilty.
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Indictment for murder. Before Judge Meldrim. Chatham superior court. October 11, 1921. The defendant was jointly indicted with another for the offense of murder. He was tried separately, and the jury returned a verdict of guilty. He filed a motion in arrest of judgment, asserting that the death penalty had been imposed upon him without any valid verdict upon which to base the same, because the verdict returned did not specify the particular “ defendant ” found guilty. This motion was overruled. He also filed a motion for new trial, which was, after amendment, overruled. Error is assigned upon…
1Opinion of the CourtGilbert, J.
1. The defendant filed a motion in arrest of judgment, on the ground that he was-jointly indicted with another for the offense of murder; that the State elected to sever; that on July 8th he plead not guilty to the indictment, and the 'jury returned *157the following verdict: “We, the jury, find the defendant guilty;” that he was sentenced accordingly; and that the said verdict was not valid, because it did not specify which defendant they were finding guilty. The court properly overruled this motion. The failure of the jury to name the defendant in the verdict is also made a ground of the motion…
2Cases cited3 opinions
- Bernhard v. StateSupreme Court of Georgia · 1886
- Martin v. StateSupreme Court of Georgia · 1858
- Wilson v. StateSupreme Court of Georgia · 1881
3Cited by12 opinions
- Wyatt v. StateSupreme Court of Georgia · 1950
- Whitworth v. StateSupreme Court of Georgia · 1923
- Morris v. StateSupreme Court of Georgia · 1933
- Covington v. StateCourt of Appeals of Georgia · 1981
- Park v. StateSupreme Court of Georgia · 1949
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