Legal Opinion

Bryan v. State

Supreme Court of Georgia

Decided November 9, 1905PublishedCited by 15 opinions

Indictment for gambling. Before Judge Cann. Chatham superior court. June 24, 1905. Bryan was charged with gaming, and found guilty. There was direct evidence to show his guilt.

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Indictment for gambling. Before Judge Cann. Chatham superior court. June 24, 1905. Bryan was charged with gaming, and found guilty. There was direct evidence to show his guilt. He moved for a new trial, on the ground that the verdict was contrary to law and evidence; and also because the court overruled a challenge to the array of jurors put upon him, on the ground that it did not contain an impartial jury, because of. the panel of twenty-four jurors put upon him ten had on the same day been members of a jury who found against another person a verdict of guilty of the offense of gaming while…

1Opinion of the CourtLumpkin, J.

(After stating the facts.) A challenge to the array is an objection to all the jurors collectively, because of some defect in the panel as a whole. If some of the jurors included in the panel are not impartial, this can not be properly reached by a challenge to the array, but by challenge to the polls. TJpon proper challenge of a juror on the ground that he was a member of the jury on a previous trial involving the same transaction, the court will investigate the question; and if the juror be found incompetent, he will be set aside for cause. The motion for a new trial states that “for this…

2Cases cited8 opinions

  1. Eberhart v. StateSupreme Court of Georgia · 1873
  2. Thompson v. StateSupreme Court of Georgia · 1899
  3. Blackman v. StateSupreme Court of Georgia · 1888
  4. Wells v. StateSupreme Court of Georgia · 1897
  5. Brown v. StateSupreme Court of Georgia · 1898

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3Cited by15 opinions

  1. Williams v. GeorgiaSupreme Court of the United States · 1955
  2. Coleman v. StateSupreme Court of Georgia · 1914
  3. Whitworth v. StateSupreme Court of Georgia · 1923
  4. Fudge v. StateSupreme Court of Georgia · 1940
  5. Bowens v. StateCourt of Appeals of Georgia · 1967

10 more not listed; retrieve them via the Exa API.

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