Legal Opinion

Nesbit v. State

Supreme Court of Georgia

Decided July 15, 1871PublishedCited by 12 opinions

Criminal law. Jurors. Dying declarations. New Trial. Practice. Before Judge Clark. Baker Superior Court. April Term, 1871. Jeff Nesbit and George Johnson were indicted for murdering John Jordan, with a hoe, in said county, in April, 1870. All the parties were negroes. While empannelling the jury, one Williams, after answering the statutory questions on his voir dire, was put upon the prisoners. Their counsel asked that he be put upon the Court as trior.

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Criminal law. Jurors. Dying declarations. New Trial. Practice. Before Judge Clark. Baker Superior Court. April Term, 1871. Jeff Nesbit and George Johnson were indicted for murdering John Jordan, with a hoe, in said county, in April, 1870. All the parties were negroes. While empannelling the jury, one Williams, after answering the statutory questions on his voir dire, was put upon the prisoners. Their counsel asked that he be put upon the Court as trior. This was allowed, but when they proposed to ask Williams whether he had formed and expressed an opinion from rumor, the Court refused to…

1Opinion of the Court

Lochrane, Chief Justice.

The plaintiffs in error were indicted for the crime of murder and found guilty. A motion was made for a new trial upon several grounds, which were overruled by the Court, and the case comes before this Court for error alleged upon that judgment.

1. The first question made in relation to the refusal of the Court below to allow certain questions to be put to the juror, who was before the Court on trial as to his competency. This question is an important one as to the practice of the Courts in this State, and we will briefly advert to the rule of law governing such cases.…

2Cited by12 opinions

  1. Lester v. StateSupreme Court of Florida · 1896
  2. Herndon v. StateSupreme Court of Georgia · 1934
  3. Woolfolk v. StateSupreme Court of Georgia · 1890
  4. Roberts v. StateSupreme Court of Georgia · 1939
  5. Marshall v. StateSupreme Court of Alabama · 1929

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