Costly v. State
Supreme Court of Georgia
Murder, in Fulton Superior Court. Tried before Judge Bull, April Term, 1855. , This bill of indictment was found against tbe plaintiff in error, Asa Humphries, John Humphries, William Robertson and Dink Carlton, for the killing of Kent, at the October Term, 1854, of Fulton Superior Court. At the April Term, 1855, Cann Costly, the plaintiff in -error, was placed upon his trial.
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Murder, in Fulton Superior Court. Tried before Judge Bull, April Term, 1855. , This bill of indictment was found against tbe plaintiff in error, Asa Humphries, John Humphries, William Robertson and Dink Carlton, for the killing of Kent, at the October Term, 1854, of Fulton Superior Court. At the April Term, 1855, Cann Costly, the plaintiff in -error, was placed upon his trial. Dr. Chapman Powell, sworn on the part of the State, testified: “ That he is a physician ; attended the deceased last July; found cut on the left side, with a knife wound about one and a half inches long; the print of…
1Opinion of the Court
*628 By the Court
Lumpkin, J.
delivering tlie opinion.
[1.] If the Juror, John McCarter, was not qualified, it was but cause of challenge proper defectum; and could have been made by the prisoner, and must have been made before the Juror was sworn. ' And it is well settled, both by the authorities of the Courts of Great Britain and of this State, that it is too late, after a Jury has been sworn, to challenge any of its members proper defectum ; or to move to set aside the verdict on that account. (2 Com. Digest, 322, title Challenge Peremptory, letter C; 1 Chitty Crim. Law, 440, 441, 541; 4 Dallas,…
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