Legal Opinion

Maxwell v. State

Court of Appeals of Georgia

Decided January 18, 1922No. 13046PublishedCited by 2 opinions

Indictment for manufacture of liquor; from Wilkes superior court — Judge Shurley. September 29, 1921.

1Opinion of the CourtBloodworth, J.

1. “A new trial will not be granted in a criminal ease because of the relationship within the prohibited degrees of a juror to the accused, although such relationship was unknown to the accused and his counsel until after verdict.” Downing v. State, 114 Ga. 30 (1) (39 S. E. 927); Barnes v. State, 17 Ga. App. 266 (2) (86 S. E. 461).

2. No error of law is shown to have been committed; the jury, who are the final arbiters where there is conflicting evidence, believed that of the State; the trial judge approved their finding; and the judgment is Affirmed.

Broyles, C. J., and Luke, J., concur.

2Cases cited2 opinions

  1. Downing v. StateSupreme Court of Georgia · 1901
  2. Barnes v. StateCourt of Appeals of Georgia · 1915

3Cited by2 opinions

  1. Durham v. StateCourt of Appeals of Georgia · 1930
  2. Lumley v. StateCourt of Appeals of Georgia · 1939