Ellis v. State
Supreme Court of Georgia
Accusation of forcible detainer. Before Judge Hollingsworth, City court of Fayetteville. August 31, 1905. Mrs. K. C. Ellis was tried for the offense of forcible detainer, and the jury returned a verdict finding her guilty. She made a motion for a new trial, which was overruled, and she excepted. Upon the trial Mrs. L. B. Stewart, the prosecutrix, testified as follows: '“My husband, W. B. Stewart, is dead. I know the land in controversy.
Read the full summary
Accusation of forcible detainer. Before Judge Hollingsworth, City court of Fayetteville. August 31, 1905. Mrs. K. C. Ellis was tried for the offense of forcible detainer, and the jury returned a verdict finding her guilty. She made a motion for a new trial, which was overruled, and she excepted. Upon the trial Mrs. L. B. Stewart, the prosecutrix, testified as follows: '“My husband, W. B. Stewart, is dead. I know the land in controversy. My husband had tenants in possession of it about five years before he died, and he died on the 16th day of June, 1901, and since that time the tenants under…
1Opinion of the CourtFish, C. J.
1. During his argument to the jury, counsel for the State remarked: “Gentlemen of the jury, if you fail to do your duty, it has a tendency to make people disregard the law and seek to protect themselves.” Counsel for the accused' at once moved for a mistrial on account of this language. A mistrial was refused, the court at the time directing State’s counsel to confine himself to the law and the evidence in the case. The court also instructed the' jury that the improper remarks of counsel should not influence their verdict, but that the verdict should be based on the law and the evidence.…
2Cases cited2 opinions
- Williams v. StateSupreme Court of Georgia · 1904
- Walser v. GrahamMissouri Court of Appeals · 1895
3Cited by3 opinions
- Crossen v. CampbellOregon Supreme Court · 1921
- Fountain v. StateCourt of Appeals of Georgia · 1918
- Palmer v. StateCourt of Appeals of Georgia · 1918