Dumas v. State
Supreme Court of Georgia
Criminal law. Jury. Evidence. Tenue. Before Judge Hall. Pike Superior Court. April Term, 1878 Dumas was placed on trial for the murder of -Ballard alleged to have been committed on the 1st of November, 1877. He pleaded not guilty. The indictment also charged one Childs with the same offense. The evidence made, in substance, the following case : On the afternoon of October 30, Dumas and Childs were seen in Barnesville in company with each other.
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Criminal law. Jury. Evidence. Tenue. Before Judge Hall. Pike Superior Court. April Term, 1878 Dumas was placed on trial for the murder of -Ballard alleged to have been committed on the 1st of November, 1877. He pleaded not guilty. The indictment also charged one Childs with the same offense. The evidence made, in substance, the following case : On the afternoon of October 30, Dumas and Childs were seen in Barnesville in company with each other. They rereraained there until the afternoon of November 2d, most of the time about a bar-room, doing nothing in particular, and making weak efforts to…
1Opinion of the Court
Bleckley, Justice.
The court committed only one error in the progress of the trial, and that was in pronouncing Lester a competent juror. We think he was incompetent by reason of his relationship to his uncle Barrett, who had been active in promoting the apprehension and prosecution of the accused. It was not the official duty of the uncle so to act by virtue of his station as a county commissioner. He must, we think, be treated as a volunteer prosecutor, and as having committed himself personally and in his private capacity to the side of the prosecution. If by his co-operation any of the…
2Cited by57 opinions
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- Johnson v. StateSupreme Court of Georgia · 1930
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