Nolan v. State
Supreme Court of Georgia
Criminal law. Verdict. Jury. New trial. Before Judge Tompkins. Chatham Superior Court. November Term, 1874. Nolan was placed on trial for the offense of murder alleged to have been committed upon the person of Martin Grogan. Evidence was submitted to a jury regularly impanneled, argument had, and a charge delivered, by the court.
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Criminal law. Verdict. Jury. New trial. Before Judge Tompkins. Chatham Superior Court. November Term, 1874. Nolan was placed on trial for the offense of murder alleged to have been committed upon the person of Martin Grogan. Evidence was submitted to a jury regularly impanneled, argument had, and a charge delivered, by the court. Subsequently, whilst the defendant was confined in jail, in the absence of his counsel, and without his consent, the jury returned a verdict finding him guilty of voluntary manslaughter, and were discharged. The defendant, at a subsequent term, moved that said…
1Opinion of the Court
Bleckley, Judge.
Without restating the specific propositions embraced in the head notes, some observations will be added on the general topic.
One trial, and only one, for each crime, is a fundamental principle in criminal procedure, and must be the general rule practically administered in all free countries. For the public authority, whether king or commonwealth, to try the same person over and over again for the same offense, would be rank tyranny. It would amount, in capital cases, to cruelty *523not unlike that of keeping a loaded repeater pointed at the prisoner’s head, and, with deadly…
2Cases cited1 opinion
- People v. PerkinsNew York Supreme Court · 1828
3Cited by50 opinions
- Cawthon v. StateSupreme Court of Georgia · 1904
- United States v. ProvooDistrict Court, D. Maryland · 1955
- State v. SlorahSupreme Judicial Court of Maine · 1919
- Frank v. StateSupreme Court of Georgia · 1914
- Hyde v. StateSupreme Court of Georgia · 1943
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