Epps v. State
Supreme Court of Georgia
Indictment for murder, in Clark Superior Court. Tried before Judge Jackson, August Term, 1855. Defendant moved for a new trial in this stated case, on the following grounds: 1st. That the Court allowed the two triors, being Jurymen sworn to try the cause, to take out Benjamin Jones and other persons who were declared incompetent to try the case, and to converse with said persons in private. 2d.
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Indictment for murder, in Clark Superior Court. Tried before Judge Jackson, August Term, 1855. Defendant moved for a new trial in this stated case, on the following grounds: 1st. That the Court allowed the two triors, being Jurymen sworn to try the cause, to take out Benjamin Jones and other persons who were declared incompetent to try the case, and to converse with said persons in private. 2d. That the Judge said, in presence of a full panel of Jurors, that it was a strange thing that a man should have a decided opinion without having heard the testimony in the case. 3d. That the Court erred…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
We propose to examine, briefly and in their order, the several grounds upon which the new trial was asked and refused in this case.
[1.] The first complaint is, that the triors were permitted to’ retire with the Juror who was challenged, in order to find whether or not he stood indifferent between the State and the defendant.
That challenges to the array were tried publicly, there can be no doubt. The practice in such case, was for the Clerk to state to the triors the cause of challenge; and after he had so done, to conclude thus: “and so your…
2Cited by40 opinions
- Jones v. StateSupreme Court of Georgia · 1988
- Jackson v. StateSupreme Court of Georgia · 1886
- Myers v. StateSupreme Court of Georgia · 1895
- State v. KeehnSupreme Court of Kansas · 1911
- Shropshire v. StateSupreme Court of Georgia · 1888
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