Whaley v. State
Supreme Court of Georgia
Larceny, in Baker Superior Court. Tried before Judge Warren, December Term, 1851. Waller D. Whaley was placed upon his trial, under an indictment for Ihe larceny of a negro, named Bracewell.
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Larceny, in Baker Superior Court. Tried before Judge Warren, December Term, 1851. Waller D. Whaley was placed upon his trial, under an indictment for Ihe larceny of a negro, named Bracewell. A. J. Swinney, a Juror, being placed upon triors, at the request of the prisoner, after the triors and Juror had retired to the Jury room, defendant’s counsel moved the Court to send the following written instructions to the triors: “ You are requested to ask Mr. Swinney if he did not, a few days ago, in Albany, say, if he (Swinney) could get upon the Jury, when Whaley was tried, he would send the d-d…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The first question presented for our consideration is, whether, when a Juror has been put upon triors, at the instance of the prisoner, and they have retired to their room, it is competent for the defendant’s counsel to move the Court, to send written instructions to the triors, to propound to the Juror a particular interrogatory, for the purpose of establishing his ineligibility.
We are clear, that, such a practice is not only irregular, but fraught with the most mischievous consequences. The proper course would be, to have the triors…
2Cited by14 opinions
- State v. . LawrenceSupreme Court of North Carolina · 1929
- United States v. Alexander SuttonCourt of Appeals for the D.C. Circuit · 1969
- Bines v. StateSupreme Court of Georgia · 1903
- Massey v. StateSupreme Court of Georgia · 1965
- State v. RodriguezNew Mexico Supreme Court · 1917
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