Legal Opinion

Smith v. State

Court of Appeals of Georgia

Decided December 3, 1918No. 9951PublishedCited by 1 opinion

Accusation of possession of intoxicating liquor; from city court of Dublin—Judge Flynt. June 4, 1918.

1Opinion of the CourtBroyles, P. J.

"1. Upon the trial of a misdemeanor ease in the city court of Dublin the defendant, before arraignment and before pleading to the merits of the case, has a right to demand a jury of twelve, but he has not the right to demand a'panel of twenty-four jurors from' which to strike the jury. 6a. Laws, 1904, pp. 140-144, sec. 4 (p. 143). See also, in this connection, Conyers v. Graham, 81 Ga. 615 (4) (8 S. E. 521); Mattox v. State, 115 Ga. 212, 214 (41 S. E. 709). Under this ruling the amendment to the motion for a new trial is without merit.

2. The general grounds of the motion for a new trial, not…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Mattox v. StateSupreme Court of Georgia · 1902
  2. Conyers v. Graham & FouteSupreme Court of Georgia · 1888

3Cited by1 opinion

  1. Willis v. StateCourt of Appeals of Georgia · 1970

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