Rouse v. State
Supreme Court of Georgia
Indictment for passing “ counterfeit gold coin.” Tried before Judge Warren, in Baker Superior Court, December term, 1847. The facts of this case are embodied in the opinion of the court. contended, 1st. That a grand juror is an incompetent talesman to try a criminal cause, not being the peer of the prisoner; that such was the law of England, as adopted in this State, and that the distinction is recognised in our own statutes.
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Indictment for passing “ counterfeit gold coin.” Tried before Judge Warren, in Baker Superior Court, December term, 1847. The facts of this case are embodied in the opinion of the court. contended, 1st. That a grand juror is an incompetent talesman to try a criminal cause, not being the peer of the prisoner; that such was the law of England, as adopted in this State, and that the distinction is recognised in our own statutes. And in support of this position cited, 1 Story on Const, ch. 17. Ib.p. 130. Schley’s Dig. Pref. p. 26. Prince, 912, 429, 33. 3 Black. Com. 350, 360. 4 Bac. Ab. 555, 549,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This is a writ of error to a judgment of the Superior court of Baker county, whereby the plaintiff was sentenced to confinement to hard labor in the Penitentiary for six years.
The indictment charged the defendant with the offence of passing counterfeit coin. And the specification is, that he pass-sed and paid to one Benjamin Tharp, a certain forged and counterfeit gold coin, purporting to be a five dollar piece of American gold, of the value of five dollars. The defendant was arraigned, pleaded not guilty, and was tried and convicted.
The…
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