Bird v. State
Supreme Court of Georgia
Indictment for murder, in DeKalb Superior Court. Tried before Judge Hill, April Term, 1853. This cause came up on exceptions to the decision of the Court on a motion for a new trial. The defendant having been tried and convicted of the offence of murder, moved for a new trial on the following grounds: 1st. Because no venire facias had been issued to the Sheriff to summon the grand jury who found the bill, or the regular panel of the petit jury who tried it.
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Indictment for murder, in DeKalb Superior Court. Tried before Judge Hill, April Term, 1853. This cause came up on exceptions to the decision of the Court on a motion for a new trial. The defendant having been tried and convicted of the offence of murder, moved for a new trial on the following grounds: 1st. Because no venire facias had been issued to the Sheriff to summon the grand jury who found the bill, or the regular panel of the petit jury who tried it. It appeared by evidence, that the grand and petit jury lists had been drawn and recorded, and a copy thereof given to the Sheriff, who…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The grand jury that found the indictment; and the petit jury which was put upon the prisoner at the trial, were summoned by the Sheriff and returned without a venire. The question is, whether the want of the venire is ground for an arrest of the judgment, or for a new trial, motions for both having been made before the Court below and refused. At C. Law the jury is summoned by a venire, and the Sheriff makes return of the writ, with his action under it. (1 Chitty’s Crim. Law, 505 to 509.) Our Statute of 1799 has affirmed the C. Law, and…
2Cases cited2 opinions
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3Cited by16 opinions
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- Williams v. StateSupreme Court of Georgia · 1882
- State v. DisbrowSupreme Court of Iowa · 1906
- Morgan v. Sun Oil Co.Court of Appeals for the Fifth Circuit · 1940
- White v. StateSupreme Court of Georgia · 1897
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