Reid v. State
Supreme Court of Georgia
Criminal law. Jury. Evidence. New trial. Before Judge Hall. Pike Superior Court. April Adjourned Term, 1873. Wesley Reid was placed on trial for the offense of murder, alleged to have been committed upon the person of one Amos Martin," on December 25th, 1872. The defendant pleaded not guilty.
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Criminal law. Jury. Evidence. New trial. Before Judge Hall. Pike Superior Court. April Adjourned Term, 1873. Wesley Reid was placed on trial for the offense of murder, alleged to have been committed upon the person of one Amos Martin," on December 25th, 1872. The defendant pleaded not guilty. After the array had been put upon the defendant and one juror selected, the Solicitor General, on account of a defect therein, entered a nolle prosequi on the indictment, the defendant neither consenting nor objecting. On the next day the defendant was again arraigned on a new indictment, and pleaded not…
1Opinion of the Court
Trippe, Judge.
1. The objection is not that the Court permitted a nolle prosequi to be entered, but that one juror having been sworn before this was done, the same panel with that juror was again put upon the defendant, after the finding of a new bill. We can see no possible hurt to the defendant in this. He had expressed himself content with this juror and had chosen him. He was only given a second opportunity to pass upon him, and of this surely he could not complain. But the juror was challenged by the State, and the objection is, that as the defendant had indicated his willingness to…
2Cited by7 opinions
- Mann v. StateSupreme Court of Georgia · 1906
- Hyde v. StateSupreme Court of Georgia · 1943
- Blackman v. StateSupreme Court of Georgia · 1888
- Smithey v. StateSupreme Court of Georgia · 1963
- Johnson v. StateSupreme Court of Georgia · 1908
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