Phillips v. State
Supreme Court of Georgia
Arson, in Calhoun Superior Court. Tried before Judge Allen, May Term, 1859. The plaintiff in error was indicted for arson, in burning; the jail of Calhoun county. A panel of jurors was put upon the prisoner, to which he objected on the ground, that said panel was composed of citizens of Calhoun county, tax payers thereof, and the crime for which he was to be tried being for setting fire to the jail belonging to said county.
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Arson, in Calhoun Superior Court. Tried before Judge Allen, May Term, 1859. The plaintiff in error was indicted for arson, in burning; the jail of Calhoun county. A panel of jurors was put upon the prisoner, to which he objected on the ground, that said panel was composed of citizens of Calhoun county, tax payers thereof, and the crime for which he was to be tried being for setting fire to the jail belonging to said county. The Court overruled the objection, and defendant excepted. Another panel was put upon the prisoner, the first being exhausted, to which prisoner objected, on the ground…
1Opinion of the Court
— Benning J.
By the Court.
delivering the opinion.
[1.] The jurors were not interested in the event of the suit. How could they be gainers or losers, by the conviction or acquittal, of Phillips. In either event they would as citizens of the county, have to contribute the same money to the building of a new jail.
If there was a challenge to the array, on the ground, that the Sheriff was the prosecutor, and that challenge was sustained, and the jurymen were discharged, it is doubtless true, that none of them was a competent person, to sit in the case. But, it is not clear from the bill of…
2Cited by31 opinions
- Carlton v. PeopleIllinois Supreme Court · 1894
- Pulliam v. StateSupreme Court of Georgia · 1943
- Harris v. StateSupreme Court of Georgia · 1940
- State v. WardSupreme Court of Vermont · 1888
- Bines v. StateSupreme Court of Georgia · 1903
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