Legal Opinion

Carr v. State

Supreme Court of Georgia

Decided April 6, 1886PublishedCited by 29 opinions

Jury and Jurors. Criminal Law. Practice in Superior Court. Evidence. lies Gestes. Before Judge Lumpkin. Hancock Superior Court. October Term, 1885. John Carr was indicted for assault with intent to mur- ' der and was found guilty. He moved for a new trial on the grounds which are substantially set out in the decision. The motion was overruled, and he excepted.

1Opinion of the Court

Hall, Justice.

1. On being arraigned, the defendant pleaded specially that the bill of indictment was found by grand jurors whose names didnot appear on thelist certified, as required, by the clerk of the superior court and ordinary, although it was certified properly by the jury commissioners. This plea was overruled, and this forms the first exception to the judge’s decisions insisted on in this court.

By the 4th section of the jury act, approved December 16th, 1878, the clerk of the superior court is required to make out in a book lists of the names respectively contained in the grand…

2Cited by29 opinions

  1. Loomis v. StateCourt of Appeals of Georgia · 1948
  2. Dyke v. StateSupreme Court of Georgia · 1974
  3. Pope v. StateSupreme Court of Alabama · 1911
  4. Jackson v. StateSupreme Court of Georgia · 1969
  5. Simpkins v. StateCourt of Appeals of Georgia · 1979

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