Legal Opinion

Burns v. State

Supreme Court of Georgia

Decided August 23, 1892PublishedCited by 43 opinions

Criminal law. Murder. Relationship of juror. Conduct of trial. Charge of .court. Prisoner’s statement. Perjury. Duress. Accomplice. Before Judge Well-born. Lumpkin superior court. October adjourned term, 1890. Burns was convicted of murder. The principal witness against him was his stepmother. She was the only witness who professed to have seen the killing, and it is to her evidence that most of the grounds of the motion for new trial refer.

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Criminal law. Murder. Relationship of juror. Conduct of trial. Charge of .court. Prisoner’s statement. Perjury. Duress. Accomplice. Before Judge Well-born. Lumpkin superior court. October adjourned term, 1890. Burns was convicted of murder. The principal witness against him was his stepmother. She was the only witness who professed to have seen the killing, and it is to her evidence that most of the grounds of the motion for new trial refer. This motion was overruled, and the defendant excepted. The following grounds are therein contained: Error in holding that Berry, one of the jurors on the…

1Opinion of the Court

*528 Judgment reversed.

Error in holding that Berry, one of the jurors on the regular panel, was disqualified, striking him for cause upon his statement, when put upon his voir dire, that he was related to the defendant as follows : that his brother had married defendant’s sister, that his brother had been dead since the war, and his widow had intermarried with one Newberry upwards of twenty years ago. When the State’s counsel had reached the conclusion of the concluding argument and just as he had finished an appeal to the jury to visit upon the defendant the extreme penalty of the law, one Burt,…

2Cited by43 opinions

  1. State v. MooreSupreme Court of Georgia · 1976
  2. Dampier v. StateSupreme Court of Georgia · 1980
  3. Wilburn v. StateSupreme Court of Georgia · 1914
  4. Conaway v. StateSupreme Court of Georgia · 2003
  5. Huff v. StateSupreme Court of Georgia · 1898

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