Sutton v. State

1. The court properly overruled the motion for a continuance based on the ground that the defendant’s father was tried for the same offense on the preceding day, and that this case involved the same evidence and the same witnesses heard in the former trial, and that the jury that tried the father would not be a competent and impartial jury to try the defendant. Humphries v. State, 100 Ga. 260 (28 S. E. 25).

2. The objection urged against the competency of the jurors referred to above constituted no sufficient cause for a challenge to the array, but if it was cause for challenge at all, the…