Legal Opinion

Jesse v. State

Supreme Court of Georgia

Decided June 15, 1856No. 33PublishedCited by 19 opinions

Indictment for rape, in Decatur. Tried .before Judge Allen, June Term, 1856. Jesse (a slave) was arraigned for trial at said term, upon an indictment containing two counts : one for rape, and the ■ other for an assault with intent to commit a rape.

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Indictment for rape, in Decatur. Tried .before Judge Allen, June Term, 1856. Jesse (a slave) was arraigned for trial at said term, upon an indictment containing two counts : one for rape, and the ■ other for an assault with intent to commit a rape. The parties then being ready, and proceeding to form a Jury to try the case, the first Juror on the panel, John Smith, was called and put directly upon the prisoner, who objected to the mode of putting the Juror on him, insisting that before the Juror • could be put on him, the prisoner, it was necessary to present the Juror to the accused, so that…

1Opinion of the Court

By the Court.

McDonald, J.

delivering the opinion.

[1.] This Court, at the Savannah June Term last, in the *164case of Ralph (a slave) vs. The State of Georgia, decided that the Act of 28th February, 1856, in relation to the qualification, selection and impanneling of Jurors, is constitutional, and that it is law in regard to offences committed before its passage. It violates none of the constitutional rights of the people, and is perhaps better adapted 'to the obtainment of impartial Juries than either the Common Law or antecedent Statutes. We, therefore, reverse the decision of the Circuit Judge…

2Cited by19 opinions

  1. Jackson v. StateSupreme Court of Georgia · 1969
  2. Bone v. StateSupreme Court of Georgia · 1897
  3. Brown v. StateCourt of Appeals of Georgia · 1968
  4. Ivey v. StateSupreme Court of Georgia · 1901
  5. Smith v. StateSupreme Court of Georgia · 1899

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