Armistead v. State
Supreme Court of Georgia
Murder, in DeKalb Superior Court. Tried before Judge Bull, April Term, 1855. A bill of indictment, for murder, was found by tbe Grand Jury of DeKalb County, against David and George Armistead, for the killing of James Yeal. At the April Term, 1855, the cause being called, the de.fendants announced themselves ready, when the Solicitor General claimed the right to put the defendants upon their trial separately, and to say which he would try first. The defendants objected.
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Murder, in DeKalb Superior Court. Tried before Judge Bull, April Term, 1855. A bill of indictment, for murder, was found by tbe Grand Jury of DeKalb County, against David and George Armistead, for the killing of James Yeal. At the April Term, 1855, the cause being called, the de.fendants announced themselves ready, when the Solicitor General claimed the right to put the defendants upon their trial separately, and to say which he would try first. The defendants objected. The Court ruled in favor of the So^ licitor General, and he placed David Armistead upon trial, and defendant excepted. The…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
It has been long the practice, where several are jointly indicted for an offence which does not require the concurrence of two or more to constitute the crime, to allow a severance. by the defendants, and to permit the Counsel for the prosecution to elect which shall be first put upon trial. I believe that the practice is derived from the Common Law. The 50th section of the 14th division of our Penal Code has been considered, in some districts of our State, as amounting to no more than an affirmance of this practice.
A close criticism of the…
2Cited by7 opinions
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- Thompson v. StateSupreme Court of Georgia · 2014
- Gossett v. StateSupreme Court of Georgia · 1905
- Sheffield v. StateCourt of Appeals of Georgia · 1915
- Farmer v. StateCourt of Appeals of Georgia · 1910
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