Varnum v. State
Court of Appeals of Georgia
Indictment for manufacture of intoxicating liquor; from Pike superior court—Judge Searcy. May 29, 1920. In the ground of the motion for a new trial as to the action of the court in sending for the jury and addressing inquiries to them, and giving the instructions set out, it is contended that “said proceeding” was and must have been construed by the jury as in the nature of a reprimand to them for failing to make a verdict, and as in the nature of a command to return a…
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Indictment for manufacture of intoxicating liquor; from Pike superior court—Judge Searcy. May 29, 1920. In the ground of the motion for a new trial as to the action of the court in sending for the jury and addressing inquiries to them, and giving the instructions set out, it is contended that “said proceeding” was and must have been construed by the jury as in the nature of a reprimand to them for failing to make a verdict, and as in the nature of a command to return a verdict, and was coercive in its effect and destructive of the defendant’s right to an impartial adjudication of his case by…
1Opinion of the CourtBloodworth, J.
1. The verdict in this case has the approval of the trial judge, and there is ample evidence to support it.
2. Error is alleged because, after the jury had been charged and “for some time” had been considering the case, the judge, on his own motion, had the jury brought back into the courtroom, when the following occurred. The court said: “ Gentlemen of the jury, I have sent for you to inquire if you have made a verdict.” Foreman: “No, sir.” The court: “I wish to inquire of the jury how they are divided; not as to what side they are on, but how divided as to numbers.” Foreman: “Ten against…
2Cases cited3 opinions
- Golatt v. StateSupreme Court of Georgia · 1908
- Chandler v. StateSupreme Court of Georgia · 1906
- Dalton Fruit & Produce Co. v. PuryearCourt of Appeals of Georgia · 1918
3Cited by2 opinions
- Arkansas Fuel Oil Co. v. Andrews Point Co.Court of Appeals of Georgia · 1941
- Baker v. Augusta Veneer Co.Court of Appeals of Georgia · 1933