Geiger v. State
Supreme Court of Georgia
Assault and Battery, from Randolph county. Tried before Judge Kiddoo, May Term, 1858. It appeared that a jury was empanneled, and qualified to try Geiger at the Term at which the bill of indictment was found, a demand for trial made by him in the usual manner, and no trial had; and no trial was had at the Term next succeeding, though there was a jury empanneled and qualified to try him and a demand for trial, made in the usual manner, again placed upon the minutes.
Read the full summary
Assault and Battery, from Randolph county. Tried before Judge Kiddoo, May Term, 1858. It appeared that a jury was empanneled, and qualified to try Geiger at the Term at which the bill of indictment was found, a demand for trial made by him in the usual manner, and no trial had; and no trial was had at the Term next succeeding, though there was a jury empanneled and qualified to try him and a demand for trial, made in the usual manner, again placed upon the minutes. His counsel then moved that he be absolutely discharged and acquitted of the offence charged in the indictment and the motion was…
1Opinion of the Court
By the Court
McDonald, J.
delivering the opinion.
At each .Term of the Court at which the plaintiff in error demanded a trial, he was put on his trial, but the Court each time dismissed the jury, before the finding of a verdict, and ordered a mistrial. The record does not disclose any cause for ordering a mistrial at either Term of the Court. This Court has held that the Court may, ordinarily, at its discretion, direct a mistrial. A case in which the defendant has a statutory right to a trial, however, forms an exception. In that case the consent of the defendant must be had, or the mistrial…
2Cited by13 opinions
- Orvis v. StateSupreme Court of Georgia · 1976
- Nix v. StateCourt of Appeals of Georgia · 1909
- Brown v. StateSupreme Court of Georgia · 1890
- Rider v. StateCourt of Appeals of Georgia · 1961
- Adams v. StateCourt of Appeals of Georgia · 1973
8 more not listed; retrieve them via the Exa API.