Legal Opinion

Lovett v. State

Supreme Court of Georgia

Decided January 25, 1888PublishedCited by 18 opinions

Criminal law. Jury and jurors. Former jeopardy. Pleadings. Practice in superior court. Evidence. Before Judge Adamson. City court of Carrollton. August term, 1887. Reported in the decision.

1Opinion of the Court

Bleckley, Chief Justice.

1. It is not disputed that where a mistrial has been properly declared, the prisoner may be again tried. Nolan vs. The State, 55 Ga. 521; Constitution of 1877, Code? §5000. But the plea alleges that after the jury had deliberated only about one hour and a half, the court, without the consent and against the protest of the prisoner, discharged them. The point of objection is, that the court did not wait long enough before declaring a mistrial. The law prescribes no definite period of time, and unless the contrary appears, it should be taken for granted that the court…

2Cases cited5 opinions

  1. Nolan v. StateSupreme Court of Georgia · 1875
  2. Walker v. StateSupreme Court of Georgia · 1859
  3. McElven v. StateSupreme Court of Georgia · 1860
  4. Hall v. StateSupreme Court of Georgia · 1865
  5. Holman v. StateSupreme Court of Georgia · 1887

3Cited by18 opinions

  1. Drawdy v. HestersSupreme Court of Georgia · 1908
  2. Hyde v. StateSupreme Court of Georgia · 1943
  3. Jackson v. StateCourt of Criminal Appeals of Oklahoma · 1923
  4. Bagwell v. StateSupreme Court of Georgia · 1907
  5. Harwell v. StateSupreme Court of Georgia · 1973

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