Bowie v. State
Supreme Court of Georgia
Murder, in Dade Superior Court. Tried before Judge • Trippe, November Term, 1855. A motion was made in arrest of judgment in this case, upon the following grounds : 1st. That no such Grand Jurors as William Hale, Soderick Hale and Stephen Austin, appeared to have been sworn — ■ the nearest approach to these names being William G. Hale, S. B. Austin and Shadrick Hale. 2d.
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Murder, in Dade Superior Court. Tried before Judge • Trippe, November Term, 1855. A motion was made in arrest of judgment in this case, upon the following grounds : 1st. That no such Grand Jurors as William Hale, Soderick Hale and Stephen Austin, appeared to have been sworn — ■ the nearest approach to these names being William G. Hale, S. B. Austin and Shadrick Hale. 2d. Because the minutes of the Court showed a true bill" for murder, found against Henry Bowyer, but none against the prisoner. 3d, Because there was no sufficient minutes and records of' the proceedings, of said Court, as to…
1Opinion of the Court
By the Court.
Penning, J.
delivering the opinion.
[1.] The grounds for the motion in arrest of judgment, *6consisted of matters which did not affect “the real merits of the offence charged in the indictment.” And such grounds are not good in arrest of judgment. (Code, 11 Div. 2 Sec.)
[2.] These same grounds were relied on in the motion for a new trial. But they are of a kind which is not appropriate to a new trial. They are not extrinsic: the matters in which they consist, are not “foreign to or dehors the record.” (8 Black. Qom. 887.) It- is obvious that such matters as these are, do not lie…
2Cited by6 opinions
- Harrison v. HesterSupreme Court of Georgia · 1925
- Baker v. StateSupreme Court of Georgia · 1914
- Williams v. StateSupreme Court of Georgia · 1878
- Richardson v. StateSupreme Court of Georgia · 1883
- Burgess v. StateSupreme Court of Georgia · 1970
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