Teal v. State
Supreme Court of Georgia
Indictment for Muider, from Campbell Superior Court. Tried before Judge Hammond, at September Term, 1856. Meshack Teal was indicted for the murder of Robert Northcutt. The bill of exceptions sets forth, that upon the call of the case, the-parties announced themselves ready for trial — a jury was empannelled, and the Solicitor General arraigned the defendant, who pleaded not guilty.
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Indictment for Muider, from Campbell Superior Court. Tried before Judge Hammond, at September Term, 1856. Meshack Teal was indicted for the murder of Robert Northcutt. The bill of exceptions sets forth, that upon the call of the case, the-parties announced themselves ready for trial — a jury was empannelled, and the Solicitor General arraigned the defendant, who pleaded not guilty. The Solicitor General then read to the jury the indictment, and stated that it was founded upon a special presentment that he held in his hand. The following witnesses were then sworn and examined on the part of…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
We shall not undertake to notice each specification in the* motion for a new trial, but group them together for the sake* of brevity.
[1.] And to all the errors complained of, as it respects the* special presentment, and the misnomer of the grand and' traverse jurors, we make this general reply, that those irregularities which occured before the arraignment, should have-been specially pleaded: and secondly, thatno motion in arrest-of judgment shall be sustained, for any matter not affecting the real merits of the offence charged in the indictment.…
2Cited by12 opinions
- State v. CainWest Virginia Supreme Court · 1882
- Coleman v. StateSupreme Court of Georgia · 1914
- Turner v. StateSupreme Court of Georgia · 1886
- Brown v. StateSupreme Court of Georgia · 1967
- Dover v. StateSupreme Court of Georgia · 1900
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