Osgood v. State
Supreme Court of Georgia
Criminal law. Practice in tbe Superior Court. Jurors. New Trial. Before Judge Tompkins. Liberty Superior Court. October Term, 1878. To the report contained in the opinion it is only necessary to add that the three grounds of the motion for new trial insisted on were as follows: (1.) Because defendant was tried at an illegal term of court.
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Criminal law. Practice in tbe Superior Court. Jurors. New Trial. Before Judge Tompkins. Liberty Superior Court. October Term, 1878. To the report contained in the opinion it is only necessary to add that the three grounds of the motion for new trial insisted on were as follows: (1.) Because defendant was tried at an illegal term of court. (2.) Because the name of one of the jurors was not in the jury box nor on the jury list, which fact was unknown to defendant or his counsel until after verdict. (3.) Because the verdict was contrary to law and the evidence.
1Opinion of the Court
Jackson, Justice.
The defendant (Raymond Osgood) was indicted for murder in the same bill of indictment with Ellen Osgood, but was tried separately and found guilty. A new trial was refused, and he excepted.
1. Three grounds are insisted on in the motion for a new trial. The first is also embraced in a motion to arrest the judgment. That ground is, that the term of the court was illegal, because the regular term of Liberty superior court, as fixed by law, is the Tuesday after the second Monday in October, which was the 15th day of the month in the year 1878, and the court was held on the next…
2Cases cited2 opinions
- Epps v. StateSupreme Court of Georgia · 1855
- Hoye v. StateSupreme Court of Georgia · 1869
3Cited by5 opinions
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- Haygood v. StateCourt of Appeals of Georgia · 1912
- Walker v. O'ConnorCourt of Appeals of Georgia · 1918
- Ingram v. StateSupreme Court of Georgia · 1948