Welborne v. State

In the case of Welborne v. The State, pending in this court on a -writ of error from the criminal court of Atlanta, the point was made that so much of the act creating that court as provides that criminal cases shall be tried in that court by a jury of five is unconstitutional, for the reason that the-court is a city court within the meaning of that term as used in the constitution, and that by the terms of that instrument juries in city courts must consist of twelve jurors. The investigation necessary to determine this question involved a consideration of the act creating the criminal court…