Armor v. State
Supreme Court of Georgia
Indictment for riot. Before Judge Holden. Taliaferro superior court. December 1G, 1905. The case came on for trial at the March term of the county court. After the jury had been impaneled and sworn, and after arraignment and plea, but before any evidence had been introduced, it was discovered that one of the jurors was a first cousin of the prosecutor. Hpon this being made to appear, the solicitor made a motion resulting in the ruling set out in the first headnote.
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Indictment for riot. Before Judge Holden. Taliaferro superior court. December 1G, 1905. The case came on for trial at the March term of the county court. After the jury had been impaneled and sworn, and after arraignment and plea, but before any evidence had been introduced, it was discovered that one of the jurors was a first cousin of the prosecutor. Hpon this being made to appear, the solicitor made a motion resulting in the ruling set out in the first headnote. The case ivas then continued, and at the April term was again called for trial, and a plea of former jeopardy was filed, which…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) Our rulings are sufficiently stated in the headnotes. There is no controversy that the juror was disqualified. The right to set aside a juror under such circumstances and to continue the case, if there be ground for it, is settled. See Penal Code, § 973, par. 4; Jackson v. State, 51 Ga. 402. Judgment affirmed.
All the Justices concur.
2Cases cited1 opinion
- Jackson v. StateSupreme Court of Georgia · 1874
3Cited by3 opinions
- State v. RomeoSupreme Court of New Jersey · 1964
- Minyard v. StateCourt of Appeals of Georgia · 1915
- Walker v. StateCourt of Appeals of Georgia · 1916