Lewis v. State
Supreme Court of Georgia
Certiorari. Before Judge Evans. Putnam superior court. July 13, 1903. This was a certiorari from a conviction of gaming, in the county-court before a jury of six.
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Certiorari. Before Judge Evans. Putnam superior court. July 13, 1903. This was a certiorari from a conviction of gaming, in the county-court before a jury of six. The petition alleged that on the call of the case, and before arraignment, the defendant challenged ten named jurors “ called in this case, on the ground that said jurors do not stand indifferent between the State and the defendant; because alPof said jurors have found other persons guilty growing out of the same transaction; that said jurors have beard all the evidence in the cases of the State versus Fountain Turner, William…
1Opinion of the CourtLamar, J.
That jurors should be impartial is of the very essence of a fair trial by jury. If they have already taken part in the trial of other persons implicated in the offense of which the defendant is charged, they have almost necessarily received an impression either for or against him. When they are challenged because of the fact that they were jurors in the previous hearing, the judge of the county court is required by the Penal Code, § 757, to test their impartiality. The challenge of itself raised the issue, and it was error not to frame appropriate questions to be put them on their voir dire,…
2Cases cited2 opinions
- Wells v. StateSupreme Court of Georgia · 1897
- Brown v. StateSupreme Court of Georgia · 1898
3Cited by7 opinions
- Bryan v. StateSupreme Court of Georgia · 1905
- State v. HammonSupreme Court of Kansas · 1911
- McKay v. StateCourt of Appeals of Georgia · 1909
- Bullard v. StateCourt of Appeals of Georgia · 1914
- Quinlan v. StateCourt of Appeals of Georgia · 1913
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