Tilton v. State
Supreme Court of Georgia
Criminal law. Practice in the Superior Court. Jury, Before Judge Bartlett. Chatham Superior Court. May Term, 1874. Tilton was placed on trial for the offense of an assault and battery. He pleaded not guilty. The jury found to the contrary. After the verdict had been read, but before it had been recorded, in the presence of the jury, the defendant moved that they be polled. The' motion was overruled upon the ground that it came too late.
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Criminal law. Practice in the Superior Court. Jury, Before Judge Bartlett. Chatham Superior Court. May Term, 1874. Tilton was placed on trial for the offense of an assault and battery. He pleaded not guilty. The jury found to the contrary. After the verdict had been read, but before it had been recorded, in the presence of the jury, the defendant moved that they be polled. The' motion was overruled upon the ground that it came too late. The defendant moved for a. new trial on account of error in this decision. The motion, was overruled and the defendant excepted.
1Opinion of the Court
McCay, Judge.
1. In the case of Malone vs. The State, 49 Georgia, 211, this court held, that the proper time to ask for leave to poll the jury, was after the verdict was read, and we adhere to that ruling. How is the prisoner to know whether lie desires to poll them until he knows what the verdict is ? It may be in his favor. The English practice was for the foreman to render the verdict viva voee. How could a juryman answer until the foreman had spoken ? The court refused to permit the jury to be polled because the demand came too late. This was error. But, it is said the leave to poll rests…
2Cases cited1 opinion
- People v. GoodwinNew York Supreme Court · 1820
3Cited by17 opinions
- Frank v. StateSupreme Court of Georgia · 1914
- Armando A. Miranda v. United StatesCourt of Appeals for the First Circuit · 1958
- Favors v. StateSupreme Court of Georgia · 1975
- McCullough v. StateCourt of Appeals of Georgia · 1912
- Maddox v. StateSupreme Court of Georgia · 1975
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