Simms v. State
Supreme Court of Georgia
Practice in the Supreme Court. Jurors. Evidence. Criminal law. Before Judge Clark. City Court of Atlanta. June term, 1877. To the report contained in the decision, it is only necessary to add, that defendant offered to prove by certain of the grand jurors who found the bill of indictment, that no lawful oath was administered to the witnesses on whose evidence the finding was based. The court rejected this evidence.
1Opinion of the Court
Warner, Chief Justice.
The defendant was indicted for the offense of “ keeping a gaming table.” On the trial of the case before the judge of the city court of Atlanta, the defendant was found guilty, whereupon the defendant made a motion for a new trial, on the grounds therein stated, which was overruled by the court, and the defendant excepted. It appears from the record that the defendant waived a formal arraignment and pleaded “ not guilty.” It also appears that the. defendant filed a plea in which he alleged that the oath required by law was not administered to the witness, Stapler, who…
2Cases cited1 opinion
- Turner v. StateSupreme Court of Georgia · 1876
3Cited by7 opinions
- State v. CampbellSupreme Court of Kansas · 1906
- Taylor v. StateSupreme Court of Florida · 1905
- Gitchell v. PeopleIllinois Supreme Court · 1893
- Tanner v. StateSupreme Court of Georgia · 1926
- Hooker v. StateCourt of Appeals of Maryland · 1903
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