Legal Opinion

Griffin v. State

Supreme Court of Georgia

Decided July 15, 1854No. 66PublishedCited by 2 opinions

Murder, in Harris Superior Court. Tried before Judge 'Craweord, March Term, 1854. Upon the trial of this cause, a Juror being placed on his ■voire dire, and pronounced competent, triors were demanded by the defendant. The Court charged the triors as follows: “ if the Juror has, from rumor, formed but not expressed, any opinion as to the guilt or innocence of the prisoner, you may find him competent”. This direction is assigned as error.

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Murder, in Harris Superior Court. Tried before Judge 'Craweord, March Term, 1854. Upon the trial of this cause, a Juror being placed on his ■voire dire, and pronounced competent, triors were demanded by the defendant. The Court charged the triors as follows: “ if the Juror has, from rumor, formed but not expressed, any opinion as to the guilt or innocence of the prisoner, you may find him competent”. This direction is assigned as error. When the Juror was sent out with the triors, no other oath was administered to him, than that previously administered on his voire dire. This proceeding is…

1Opinion of the Court

By the Court.

Benning, J.

delivering the opinion.

[1*3 Was the charge of the Court to the triors, wrong?

It is argued for the plaintiff in error, that this charge amounts to telling the triors, that they might find the Juror competent, even if he had formed, hut not expressed, a decided opinion, as to the guilt or innocence of the accused; and that amounting to as much as that, the charge is wrong, according to the decision of this Court, in K. P. Boon vs. The State, (1 Kelly, 619.)

The decision in that case was, “that the law is not. chargea *478ble with the injustice of admitting a Juror to sit on…

2Cited by2 opinions

  1. Edwards v. StateMississippi Supreme Court · 1873
  2. Dozier v. StateSupreme Court of Georgia · 1858

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