Legal Opinion · Dissent

Harris v. State

Supreme Court of Georgia

Decided November 12, 1920No. 2095Published

Indictment for murder. Refore Judge Wright. Eloyd superior court. May 7, 1920. Charlie Harris was indicted, tried for murder, and convicted. He was sentenced to be hanged. He moved for a new trial. It was refused.

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Indictment for murder. Refore Judge Wright. Eloyd superior court. May 7, 1920. Charlie Harris was indicted, tried for murder, and convicted. He was sentenced to be hanged. He moved for a new trial. It was refused. He excepted, and the judgment of the court below was affirmed. 149 Ga. 724 (102 S. E. 159). After the judgment of the Supreme Court had been made the judgment of the superior court the defendant filed an extraordinary motion for new trial, on the following state of facts: The jury trying the defendant retired to consider their verdict about five o’clock on Friday afternoon, and…

1Dissent

Beck, P. J., and Gilbert, J.,

dissenting. The scrutiny will be closer by this court, and its power exercised with more hesitation, when the presiding judge lias refused to interfere with the verdict, on the ground of the disqualification of a juror. In DoyaVs case the judgment of the trial court overruling the defendant’s extraordinary motion for new trial was reversed. The ground of the extraordinary motion was that one of the jurors in the case was not impartial and had wilfully concealed this fact for the purpose of carrying out his design of convicting the defendant and causing him to be…

2Cases cited7 opinions

  1. Shaw v. StateSupreme Court of Georgia · 1889
  2. Styles v. StateSupreme Court of Georgia · 1907
  3. Gholston v. GholstonSupreme Court of Georgia · 1860
  4. Obear v. GraySupreme Court of Georgia · 1881
  5. Suple v. StateSupreme Court of Georgia · 1909

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