Malone v. State
Supreme Court of Georgia
Criminal law. Murder. Mistrial. Continuance. Indictment. Grand jury. Jury. Challenge. Reasonable doubt. Drunkenness. Malice. Polling jury. New trial. Newly discovered evidence. Cumulative evidence. The defendant pleaded in abatement to the indictment, upon the ground that it was found by only ten of the original grand jurors who were drawn, the panel having been filled with talesmen summoned for that purpose. The plea was overruled, and the defendant excepted.
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Criminal law. Murder. Mistrial. Continuance. Indictment. Grand jury. Jury. Challenge. Reasonable doubt. Drunkenness. Malice. Polling jury. New trial. Newly discovered evidence. Cumulative evidence. The defendant pleaded in abatement to the indictment, upon the ground that it was found by only ten of the original grand jurors who were drawn, the panel having been filled with talesmen summoned for that purpose. The plea was overruled, and the defendant excepted. The defendant challenged the array of jurors put upon him, upon the ground that the various panels composing the same were drawn from…
1Opinion of the Court
Warner, Chief Justice.
'The defendant was indicted for the murder of Frank Phillips, and put on his trial therefor, at the first term of the Court after the offense was alleged to have been committed and indictment found. During the progress of that trial, and before its termination, one of the jurors was taken sick and a mistrial was ordered by the Court for that cause. During the same term of the Court, (the Court being held for several weeks,) the case ivas again called up for trial, and another trial was had, which resulted in a verdict finding the defendant guilty. A motion was made for a…
2Cited by23 opinions
- Deal v. StateSupreme Court of Georgia · 1916
- Cox v. HillyerSupreme Court of Georgia · 1880
- Fallon v. StateCourt of Appeals of Georgia · 1909
- Smith v. StateCourt of Appeals of Georgia · 1907
- Johnson v. StateSupreme Court of Georgia · 1943
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