Moore v. State
Supreme Court of Georgia
Accusation of stabbing. Before Judge Hodges. City court of Macon. July 8, 1905. Upon being convicted of the offense of stabbing, Bomey Moore made a motion for a new trial, upon the general grounds, and because the prisoner had not had a legal trial as guaranteed to him by the constitution of the State and the constitution of the United States, he having waived his right to a trial by jury, which he could not do under the Federal constitution, and been tried and convicted by…
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Accusation of stabbing. Before Judge Hodges. City court of Macon. July 8, 1905. Upon being convicted of the offense of stabbing, Bomey Moore made a motion for a new trial, upon the general grounds, and because the prisoner had not had a legal trial as guaranteed to him by the constitution of the State and the constitution of the United States, he having waived his right to a trial by jury, which he could not do under the Federal constitution, and been tried and convicted by the judge. Error is also alleged, “because the defendant was tried on an accusation framed against him in the city court…
1Opinion of the CourtBeck, J.
1. A defendant in a misdemeanor ease can waive trial by jury,' whether the same be upon an accusation or upon an indictment. Logan v. State, 86 Ga. 266.
2. It is competent for the Genera] Assembly, in creating a city court, to provide that .persons arraigned in that court for misdemeanors shall not have the right to demand an indictment by the grand jury of the county (Daughtry v. State, 115 Ga. 819; Foster v. Jackson, 57 Ga. 206) ; and an act amending an act establishing the city court of Macon denies to defendants in all criminal cases within the jurisdiction of that court the right to…
2Cases cited3 opinions
- Logan v. StateSupreme Court of Georgia · 1890
- Daughtry v. StateSupreme Court of Georgia · 1902
- Foster v. Jackson & ClaytonSupreme Court of Georgia · 1876
3Cited by5 opinions
- Palmer v. StateSupreme Court of Georgia · 1943
- Mitchell v. StateSupreme Court of Georgia · 1906
- Wilson v. StateCourt of Appeals of Georgia · 1939
- Jordan v. StateCourt of Appeals of Georgia · 1947
- Palmer v. StateSupreme Court of Georgia · 1943