Glover v. State
Supreme Court of Georgia
Indictment for murder. Before 'Judge Hammond. Biehmond superior court. December 5, 1906. The accused was tried for murder, convicted, and sentenced to death. He filed'a motion for a new trial, upon numerous grounds, and it was overruled, and he excepted. In one of the grounds it is alleged that a juror, who served in the case, was not a fair and impartial juror.
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Indictment for murder. Before 'Judge Hammond. Biehmond superior court. December 5, 1906. The accused was tried for murder, convicted, and sentenced to death. He filed'a motion for a new trial, upon numerous grounds, and it was overruled, and he excepted. In one of the grounds it is alleged that a juror, who served in the case, was not a fair and impartial juror. The motion refers to various affidavits attached thereto in support of this ground, reciting that such affidavits are marked as exhibits A to E, inclusive. Attached to the motion are affidavits so marked; three of them being…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1, 2. It is contended by counsel for the plaintiff in error that the affidavits used by the State on the hearing of the motion for a new trial, to rebut the evidence contained in the affidavits attached to the motion, can not be considered by this court; for the reason that they are no part of the record in the case, and, although actually filed in the clerk’s office, the clerk had no authority to certify and transmit them to this court as a part of the record, either originally of at any other time. In Warnock v. Kilpatrick, 70 Ga. 730, it was held, that when a…
2Cases cited8 opinions
- Perry v. StateSupreme Court of Georgia · 1897
- Cohen v. Meyers, Cohen & Co.Supreme Court of Georgia · 1871
- Eubank v. Mayor of EastmanSupreme Court of Georgia · 1904
- Luby v. StateSupreme Court of Georgia · 1897
- McDonald v. StateSupreme Court of Georgia · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Royals v. StateSupreme Court of Georgia · 1951
- Winston v. StateSupreme Court of Georgia · 1938
- Sasser v. StateSupreme Court of Georgia · 1907
- Roberts v. City of CairoSupreme Court of Georgia · 1909
41 more not listed; retrieve them via the Exa API.