Waller v. State
Court of Appeals of Georgia
Accusation of assault and battery, from city court of Cairo— Judge Singletary. July 1, 1907.
1Opinion of the CourtHill, C. J.
1. The right of formal arraignment and plea will be conclusively considered as waived, where the defendant goes to trial before the jury on the merits, and fails, until after verdict, to bring to the attention of the court that he has not been formally called upon to enter a plea to the indictment. Pol. Code, § 10; Hudson v. State, 117 Ga. 704 (45 S. E. 66); Bryans v. State, 34 Ga. 323.
2. The unauthorized separation of the jury will no't of itself require a new trial. Prejudice must have resulted from such separation; and where it is affirmatively shown that the jurors who temporarily…
2Cases cited5 opinions
- Eberhart v. StateSupreme Court of Georgia · 1873
- Carter v. StateSupreme Court of Georgia · 1876
- Hudson v. StateSupreme Court of Georgia · 1903
- Kirk v. StateSupreme Court of Georgia · 1884
- Bryans v. StateSupreme Court of Georgia · 1866
3Cited by15 opinions
- Pelham & Havana Railroad v. ElliottCourt of Appeals of Georgia · 1912
- Miller v. StateCourt of Appeals of Georgia · 1913
- People v. WeeksMichigan Supreme Court · 1911
- Harris v. StateCourt of Appeals of Georgia · 1912
- Brown v. StateCourt of Appeals of Georgia · 1951
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