Sarah v. State
Supreme Court of Georgia
Indictment for an attempt to poison, in Harris Superior Court. Tried before Judge Worrill; at April Term, 1859. . Sarah, a negro woman slave, the property of Benjamin Williams, was indicted for feloniously, unlawfully and maliciously furnishing, giving and administering “a certain poison, to-wit, three grains of strychnine and arsenic, knowing them to be deadly poison, to one John Williams, with intent then and there, him the said John Williams wilfully, unlawfully,…
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Indictment for an attempt to poison, in Harris Superior Court. Tried before Judge Worrill; at April Term, 1859. . Sarah, a negro woman slave, the property of Benjamin Williams, was indicted for feloniously, unlawfully and maliciously furnishing, giving and administering “a certain poison, to-wit, three grains of strychnine and arsenic, knowing them to be deadly poison, to one John Williams, with intent then and there, him the said John Williams wilfully, unlawfully, feloniously and of malice aforethought, then and there to poison, kill and murder.” The defendant pleaded not guilty, and the…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
1. Was it error in the court to allow the prisoner to be tried by a jury taken, from the grand jury list, by the consent of both counsel for the State and the prisoner ? We think not.
And we lay down the broad proposition that as a prisoner may waive even a trial itself, and be capitally punished upon his own confession of guilt, he may waive any minor right or privilege. The greater including the less. Besides, by the act of 1856, all persons between the ages of twenty-one and sixty are qualified to serve as jurors in criminal cases. There is,…
2Cited by55 opinions
- Frank v. StateSupreme Court of Georgia · 1914
- Ex parte GibsonCalifornia Supreme Court · 1867
- Gannon v. PeopleIllinois Supreme Court · 1889
- Swain v. StateSupreme Court of Georgia · 1926
- Madison v. MontgomerySupreme Court of Georgia · 1949
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