Massey v. State
Supreme Court of Georgia
Indictment for assault with intent to murder. Before Judge Holden. Hart superior court. June 22, 1905. Massey was indicted for assault with intent to murder, and was convicted of the offense of shooting at another.
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Indictment for assault with intent to murder. Before Judge Holden. Hart superior court. June 22, 1905. Massey was indicted for assault with intent to murder, and was convicted of the offense of shooting at another. A motion for a new trial was filed, which, besides the general grounds, contained á special ground alleging that one of the jurors who rendered the verdict was one of the grand jurors who found the indictment, the juror’s name appearing in the indictment as N. J. White, and upon the jury list, from which the jury was stricken, as Neal J. White. The motion was overruled, and the…
1Opinion of the CourtCobb, P. J.
The name of the juror upon the list as furnished the prisoner was Neal J. White. The name appearing in the indictment was N. J. White. With the indictment and the list both before the counsel for the accused, the fact that a juror appeared in each whose initials'were the same was sufficient to put him upon inquiry as to whether it was the same person in each list. By the exercise of the very slightest diligence this fact could have been ascertained before the juror was accepted. That the prisoner and his counsel did not know the fact until after the verdict is no sufficient reason for…
2Cases cited1 opinion
- Burns v. StateSupreme Court of Georgia · 1888
3Cited by7 opinions
- Brooks v. CamakSupreme Court of Georgia · 1908
- Smith v. StateSupreme Court of Georgia · 1929
- Thomas v. StateCourt of Appeals of Georgia · 1910
- Wilcox v. StateCourt of Appeals of Georgia · 1916
- Boatright v. StateCourt of Appeals of Georgia · 1935
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