Ledford v. State
Supreme Court of Georgia
Criminal Law. Jury and Jurors. Alibi. Before Judge Estes. White Superior Court. April Term, 1885. Ledford, with others, was indicted for riot, and on his trial was convicted. He moved for a new trial, on the following among other grounds : (1.) Because the verdict was contrary to law and evidence. (2.) Because the court charged as follows: “The defendant, gentlemen, sets up the defence of alibi, which is a com•plete defence when made out. The word means elsewhere.
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Criminal Law. Jury and Jurors. Alibi. Before Judge Estes. White Superior Court. April Term, 1885. Ledford, with others, was indicted for riot, and on his trial was convicted. He moved for a new trial, on the following among other grounds : (1.) Because the verdict was contrary to law and evidence. (2.) Because the court charged as follows: “The defendant, gentlemen, sets up the defence of alibi, which is a com•plete defence when made out. The word means elsewhere. Of- course, if the defendant was not there, he could not be guilty. To establish the defence of an alibi, you must be satisfied…
1Opinion of the Court
Jackson. Chief Justice.
• 1. The juror Avas disqualified, being a third cousin and within the ninth degree, which fact was unknown to the defendant and his counsel till after the trial. A kinsman *858of the prosecutor will be disqualified, though the state is the party.
2. It would be too dangerous a precedent to allow the juror to assert that he was ignorant of the relationship till after trial, too. The principle on which the law rejects him is that he is not impartial; the same objection lies to his assertion that he was ignorant of the relationship at the time of the trial, after he had…
2Cited by28 opinions
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- McElhannon v. StateSupreme Court of Georgia · 1896
- Harris v. StateSupreme Court of Georgia · 1939
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