Legal Opinion

Embry v. State

Supreme Court of Georgia

Decided August 13, 1912PublishedCited by 12 opinions

Indictment for murder. Before Judge Meadow. Madison superior court. May 9, 1912.

1Opinion of the CourtLumpkin, J.

1. That a juror’s name is not on the jury list or in the jury box is not cause for a new trial, when the point is raised for the first time after verdict. Being an objection propter defectum, it should be discovered and urged before verdict. Somers v. State, 116 Ga. 535 (42 S. E. 779); Jordan v. State, 119 Ga. 443 (46 S. E. 679).

2. Where, after verdict, in a motion for a new trial the impartiality of two of the jurors was attacked, and there was a showing and a counter-showing on the subject, and the presiding judge passed on the conflicting evidence, his finding will not be reversed, unless…

2Cases cited4 opinions

  1. Jordan v. StateSupreme Court of Georgia · 1904
  2. Cargile v. StateSupreme Court of Georgia · 1912
  3. Jefferson v. StateSupreme Court of Georgia · 1912
  4. Somers v. StateSupreme Court of Georgia · 1902

3Cited by12 opinions

  1. Lumpkin v. StateSupreme Court of Georgia · 1921
  2. Hall v. StateSupreme Court of Georgia · 1913
  3. Crawley v. StateSupreme Court of Georgia · 1921
  4. Wright v. DavisSupreme Court of Georgia · 1937
  5. Fudge v. StateSupreme Court of Georgia · 1940

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