Martin v. State
Supreme Court of Georgia
Criminal law. Jury. Practice in the Superior Court. Before Judge Hill. Bibb Superior Court. April Term, 1873. Martin was placed on' trial for the offense of simple larceny. He pleaded not guilty. The jury found to the contrary.
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Criminal law. Jury. Practice in the Superior Court. Before Judge Hill. Bibb Superior Court. April Term, 1873. Martin was placed on' trial for the offense of simple larceny. He pleaded not guilty. The jury found to the contrary. He moved for a new trial upon the following, among other grounds: “Because the court erred in recalling the jury from their room, after they had been charged with the case, and after they had been out over two hours considering their verdict, and giving them a second charge in the absence of defendant’s counsel and without his consent, and by this second charge may…
1Opinion of the Court
Trippe, Judge.
It is true the court required the prisoner’s counsel to strike from his motion for a new trial the ground that the jury were called back after they had retired, and were again charged by the court in the absence of defendant’s counsel. But it still appears from the record that this was the fact, and the reason assigned for striking this ground was that the court understood the solicitor general to say, to-wit: that counsel for defendant had waived everything. Counsel for defendant denied this, and stated what lie did waive, which was “the polling of the jury and the reception of…
2Cited by45 opinions
- Powell v. AlabamaSupreme Court of the United States · 1932
- Betts v. BradySupreme Court of the United States · 1942
- Gilreath v. StateSupreme Court of Georgia · 1981
- Hanifa v. StateSupreme Court of Georgia · 1998
- Andrews v. StateSupreme Court of Georgia · 1943
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