Ozburn v. State
Supreme Court of Georgia
Criminal law. Murder. Jurors. Practice. Charge of court. Manslaughter. Witness. Argument of counsel. Prisoner’s statement. Before Judge Richard H. Clark. Pulton superior court. September term, 1890. Ozburn was indicted for murdering Bradley by shooting him with a pistol, and was found guilty. To the refusal of a new trial he excepted. His grounds for new trial are sufficiently stated in the opinion.
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Criminal law. Murder. Jurors. Practice. Charge of court. Manslaughter. Witness. Argument of counsel. Prisoner’s statement. Before Judge Richard H. Clark. Pulton superior court. September term, 1890. Ozburn was indicted for murdering Bradley by shooting him with a pistol, and was found guilty. To the refusal of a new trial he excepted. His grounds for new trial are sufficiently stated in the opinion. The evidence for the State showed that the shooting was done in Bradley’s store, no one besides him and the defendant then being present; that the defendant was the smaller man of the two; that…
1Opinion of the Court
Lumpkin, Justice.
1. After eleven jurors had been selected, but not sworn in chief, and, by direction of the court, had been kept together for a day and night, one of them became sick, and was unable to serve. The court satisfied himself of the juror’s illness, which he certainly had a right to do without summoning a physician, and then discharged him, and proceeded regularly until two other jurors were selected and the panel completed. There was no error in this conduct of the court. See Pannell v. State, 29 Ga. 681, and Hanvey v. State, 68 *178Ga. 612. In the latter case, it appears that the…
2Cases cited6 opinions
- DeArman v. StateSupreme Court of Alabama · 1882
- Ingram v. StateSupreme Court of Alabama · 1880
- Hanvey v. StateSupreme Court of Georgia · 1882
- Harris v. StateSupreme Court of Georgia · 1878
- Pulliam v. CantrellSupreme Court of Georgia · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Johnson v. Manhattan Railway Co.Supreme Court of the United States · 1933
- Frank v. StateSupreme Court of Georgia · 1914
- Metropolitan Street Railroad v. JohnsonSupreme Court of Georgia · 1892
- Andrews v. StateSupreme Court of Georgia · 1903
- Tucker v. StateSupreme Court of Georgia · 1980
43 more not listed; retrieve them via the Exa API.