Whitley v. State
Court of Appeals of Georgia
Indictment for sale of liquor; from Cherokee superior court— Judge Patterson. March 10, 1914.
1Opinion of the CourtRussell, C. J.
1. A plea of former jeopardy which does not set forth a copy of the accusation on which it is alleged-the accused was previously tried is fatally defective, and may properly be stricken, on demurrer pointing out that defect.
2. The trial judge may, upon his own motion and in the interest of a fair trial, exclude from the list of jurors a panel of twelve which has already rendered a verdict between the same parties, involving the same subject-matter.'
3. Assignments of error not verified by the trial judge can not be considered.
4. Although it be shown by evidence, on the trial of one charged…
2Cases cited2 opinions
- Mills v. StateSupreme Court of Georgia · 1909
- Williamson v. StateCourt of Appeals of Georgia · 1911
3Cited by11 opinions
- Ferguson v. GeorgiaSupreme Court of the United States · 1961
- Shiver & Barnett v. Firemens InsuranceCourt of Appeals of Georgia · 1939
- Beardsley v. Suburban Coach Co. Inc.Court of Appeals of Georgia · 1951
- Price v. Whitley Construction Co.Court of Appeals of Georgia · 1954
- Byington v. StateCourt of Appeals of Georgia · 1962
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