Legal Opinion

Wheeler v. State

Supreme Court of Georgia

Decided January 15, 1871PublishedCited by 12 opinions

Criminal Law. Venue. Jurors, etc. Before Judge Loch-bane. Pulton Superior Court. September, 1870. Isaac Wheeler and Pinckney Woodruff were jointly indicted in DeKalb Superior Court for the murder of Stephen Winn, a negro, in DeKalb county, on the 15th of May, 1869. At September Term, 1869, of DeKalb Superior Court, the defendants were arraigned and pleaded not guilty. They severed, and Wheeler was put upon trial.

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Criminal Law. Venue. Jurors, etc. Before Judge Loch-bane. Pulton Superior Court. September, 1870. Isaac Wheeler and Pinckney Woodruff were jointly indicted in DeKalb Superior Court for the murder of Stephen Winn, a negro, in DeKalb county, on the 15th of May, 1869. At September Term, 1869, of DeKalb Superior Court, the defendants were arraigned and pleaded not guilty. They severed, and Wheeler was put upon trial. After ten jurymen had been sworn in to try him, Judge Pope, the presiding Judge, passed an order discharging said jurors and ordering a new trial. The reason for this order, recited…

1Opinion of the CourtWarner, J.

When there is no material error in the charge of the Court to the jury which could have influenced their verdict, and when the verdict is abundantly sustained by the evidence, as in this case, this Court will not be very astute in the discovery of errors to set it aside, unless they be such as would have, probably, produced a different result. Looking at the evidence in the record, and after reviewing the grounds taken in the motion for a new trial, we are of the opinion that there was no error in the Court below in overruling the same, which will authorize this Court to reverse it; and that…

2Cited by12 opinions

  1. Guy v. StateCourt of Appeals of Georgia · 1976
  2. Reece v. StateSupreme Court of Georgia · 1955
  3. Finch v. StateCourt of Appeals of Georgia · 1976
  4. Baker v. StateCourt of Criminal Appeals of Texas · 1920
  5. Baker v. StateCourt of Criminal Appeals of Texas · 1920

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