Kneeland v. State
Supreme Court of Georgia
Criminal law. Practice in the Superior Court. City Courts. Constitutional law. Witness. Evidence. Before Judge Clark. City Court of Atlanta. June Term, 1878. Kneeland, Cody and Bronk wTere respectively tried for keeping a faro table. They demanded jury trials. The usual jury in the city court was empaneled, viz: twelve jurors, from whom the state and defendant struck until five were left as a traverse jury.
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Criminal law. Practice in the Superior Court. City Courts. Constitutional law. Witness. Evidence. Before Judge Clark. City Court of Atlanta. June Term, 1878. Kneeland, Cody and Bronk wTere respectively tried for keeping a faro table. They demanded jury trials. The usual jury in the city court was empaneled, viz: twelve jurors, from whom the state and defendant struck until five were left as a traverse jury. Each of them was found guilty, moved for a new trial, and on its refusal each excepted. The cases were argued together in the supreme court. For the other facts see the opinion. cited (on…
1Opinion of the Court
Jackson, Justice.
These three cases were argued together before us, the same questions substantially being made in each of them.
1. One of the defendants filed a plea of misnomer in abatement, the issue was found against him, then he pleaded not guilty, he was found guilty, thereupon he made a motion for a new trial and to set aside the verdict of guilty which was found by a jury other than the jury which passed upon the special plea, and in the motion to set aside this latter verdict and to grant a new trial on that issue, he incorporated exceptions in regard to the trial of the .special plea.
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2Cases cited5 opinions
- Flint River Steamboat Co. v. FosterSupreme Court of Georgia · 1848
- Grady v. StateSupreme Court of Georgia · 1852
- Allen v. StateSupreme Court of Georgia · 1874
- Bird v. StateSupreme Court of Georgia · 1875
- Thurman v. StateSupreme Court of Georgia · 1858
3Cited by10 opinions
- Ash v. Peoples BankSupreme Court of Georgia · 1920
- Monford v. StateSupreme Court of Georgia · 1902
- Smith v. StateCourt of Appeals of Georgia · 1976
- McDow v. StateSupreme Court of Georgia · 1901
- Downing v. StateSupreme Court of Georgia · 1880
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