Smith v. State
Supreme Court of Georgia
Criminal law. Practice in the Superior Court. Verdict. New trial. Before Judge Clark. Sumter Superior Court. October Adjourned Term, 1876. Smith was charged with the commission of the offense of an assault with intent to murder. The jury found him guilty, but recommended him to the mercy of the court. He moved for a new trial, but the court overruled the motion ; whereupon he -excepted. The remaining facts, so far as material, appear in the opinion.
1Opinion of the Court
Bleckley, Judge.
1. There was a consent for the jury to disperse after the verdict was agreed upon, and for the verdict to be returned into court by the foreman next morning. This, in effect, was to bring the trial to an end when the jury made a verdict and separated. 49 Ga., 458. Prom that time forth, the strict legal harness was off, and, the consent was to have its consequences, one of which was, that the right to poll the jury was gone. 6 Ga., 458; 36 Ib., 380. The waiver of that right wTas a necessary incident of the consent, after the jury had separated in pursuance of instructions from…
2Cases cited3 opinions
- Smith v. MitchellSupreme Court of Georgia · 1849
- Nolan v. StateSupreme Court of Georgia · 1874
- Cothran v. DonaldsonSupreme Court of Georgia · 1873
3Cited by12 opinions
- Cawthon v. StateSupreme Court of Georgia · 1904
- Wilson v. StateSupreme Court of Georgia · 1955
- Frank v. StateSupreme Court of Georgia · 1914
- People v. La BarberaNew York Court of Appeals · 1937
- Wanzer v. StateSupreme Court of Georgia · 1974
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