Esa v. State
Supreme Court of Georgia
The Court of Appeals certified the following question (in Case No. 7328) : “Is a juror who was put upon a defendant on a former trial under the same indictment, and was then peremptorily challenged by him, so disqualified that he should not be again put upon the defendant upon a subsequent trial for the same offense, either for the reason (1) that the defendant is thereby denied his legal right of 20 peremptory challenges; or for the reason (2) that putting the same jurors…
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The Court of Appeals certified the following question (in Case No. 7328) : “Is a juror who was put upon a defendant on a former trial under the same indictment, and was then peremptorily challenged by him, so disqualified that he should not be again put upon the defendant upon a subsequent trial for the same offense, either for the reason (1) that the defendant is thereby denied his legal right of 20 peremptory challenges; or for the reason (2) that putting the same jurors upon the defendant a second time denies him his constitutional right to a trial by a fair and impartial jury, under…
1Opinion of the CourtHill, J.
In Blackman v. State, 80 Ga. 785 (2), 788 (7 S. E. 626), it was held: “That jurors, at some previous trial of the prisoner under the same indictment, have been put upon him and one or more of them rejected by him, does not disqualify them, and is not good even as a challenge to the poll.” In Reid v. State, 50 Ga. 556 (1), this court held: “When one juror, on a trial of an indictment for a felony, has been sworn, and a nolle prosequi is then entered, and a new bill found, it is not error that the array, with the same juror upon it, is put upon the prisoner; and in such a case the right of…
2Cases cited3 opinions
- Blackman v. StateSupreme Court of Georgia · 1888
- Johnson v. StateSupreme Court of Georgia · 1908
- Reid v. StateSupreme Court of Georgia · 1874
3Cited by7 opinions
- Hyde v. StateSupreme Court of Georgia · 1943
- Cady v. StateSupreme Court of Georgia · 1944
- Lowe v. StateCourt of Appeals of Georgia · 1974
- Esa v. StateCourt of Appeals of Georgia · 1916
- Weldon v. StateCourt of Appeals of Georgia · 2004
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