O'Berry v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Highsmith. Appling superior court. July 14, 1921. The defendant, being jointly -indicted with two other persons for murder, was put on trial separately, and the jury returned a verdict of guilty, with recommendation that she be punished by imprisonment in the penitentiary for life. The defendant made a motion for new trial, based on the usual general grounds and certain other grounds added by amendment.
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Indictment for murder. Before Judge Highsmith. Appling superior court. July 14, 1921. The defendant, being jointly -indicted with two other persons for murder, was put on trial separately, and the jury returned a verdict of guilty, with recommendation that she be punished by imprisonment in the penitentiary for life. The defendant made a motion for new trial, based on the usual general grounds and certain other grounds added by amendment. The motion- was overruled, and the defendant excepted. The State’s evidence tended to show the following: The defendant was the wife of the deceased, and…
1Opinion of the CourtAtkinson, J.
The rulings announced in headnotes 1, 2, 4, 5, and 6 do not require elaboration.
Of the rulings announced in the headnotes, that embraced in the third is the only one that will be elaborated. As ruled in the first note, the decisions of. this court hold that “ relationship by blood or marriage within the ninth degree, calculated according to the rules of the civil law, between the prosecutor and a juror in a criminal case, will disqualify the juror.” It is declared in the Civil Code, § 3028: “ The mother of a bastard is entitled to the possession of the child, unless the father shall…
2Cases cited2 opinions
- Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
- Lee & Bradshaw v. RogersSupreme Court of Georgia · 1921
3Cited by15 opinions
- Williams v. GeorgiaSupreme Court of the United States · 1955
- Blevins v. StateSupreme Court of Georgia · 1965
- Ethridge v. StateSupreme Court of Georgia · 1926
- Harris v. StateSupreme Court of Georgia · 1939
- Stevens v. Wright Contracting Co.Court of Appeals of Georgia · 1955
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