Legal Opinion

McGuffie v. State

Supreme Court of Georgia

Decided April 15, 1855No. 86PublishedCited by 17 opinions

Indictment for murder, in Eloyd Superior Court. Tried before Judge John II. Lumpkin, May Term, 1854. This was an indictment for the murder of John H. Wallace-A former bill for the same offence was quashed and a new one found.

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Indictment for murder, in Eloyd Superior Court. Tried before Judge John II. Lumpkin, May Term, 1854. This was an indictment for the murder of John H. Wallace-A former bill for the same offence was quashed and a new one found. The following points were made on the trial: when •the fourth panel of forty-eight tales Jurors was put upon the prisoner, his Counsel objected to the array on the following .grounds: 1st. That the High Sheriff was absent from Court and the Court could not legally be held without him. 2d. That two panels had been summoned together. 3d. That after one panel of…

1Opinion of the Court

*508 By the Court.

Starnes, J.

delivering the opinion.

[1.] It is first alleged that the Court committed érror in directing the Deputy Sheriff to summon certain persons as tales Jurors, who, at the time, were leaving or about to leave the Court room.

The indictment under which this proceeding took place, was subsequently quashed, and a new bill was returned, on which the trial proceeded, which we have now under consideration. The point made, therefore, has nothing to do with this case, and should not have encumbered the record.

[2.] The Court did not err in refusing to quash the fourth panel of Jurors…

2Cases cited2 opinions

  1. Anderson v. StateSupreme Court of Georgia · 1854
  2. Hunt v. BurrelNew York Supreme Court · 1809

3Cited by17 opinions

  1. Jenkins v. StateSupreme Court of Georgia · 1905
  2. Harris v. StateSupreme Court of Georgia · 1940
  3. Cady v. StateSupreme Court of Georgia · 1944
  4. Barlow v. StateSupreme Court of Georgia · 1906
  5. Johnson v. StateSupreme Court of Georgia · 1933

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