Legal Opinion

Watkins v. State

Supreme Court of Georgia

Decided August 15, 1878PublishedCited by 5 opinions

Criminal law. Constitutional law. ' Practice in the Superior Court. New trial. Before Judge Hall. Eockdale Superior Court. October Adjourned Term, 1877. Watkins was indicted for carrying concealed weapons. On the trial, after the jury had been impaneled and the prisoner arraigned, and while the solicitor general was reading the indictment, it was discovered that two of the jurors had been members of the grand jury which found the bill.

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Criminal law. Constitutional law. ' Practice in the Superior Court. New trial. Before Judge Hall. Eockdale Superior Court. October Adjourned Term, 1877. Watkins was indicted for carrying concealed weapons. On the trial, after the jury had been impaneled and the prisoner arraigned, and while the solicitor general was reading the indictment, it was discovered that two of the jurors had been members of the grand jury which found the bill. The court thereupon discharged the entire jury and had another impaneled. There was a mistrial. At a subsequent term, defendant pleaded that he had already…

1Opinion of the Court

Warner, Chief Justice.

The defendant was indicted for the offense of carrying upon his person a pistol concealed, and upon his trial therefor, was found guilty. A motion was made for a new trial on the several grounds therein set forth, which was overruled, and the defendant excepted. The defendant .filed a plea that he had been put in jeopardy on a former trial for the same offense on the same indictment, and was therefore, entitled to an acquittal.

It appears from the evidence in the record, that at a former term of the court, at which a misti’ial was had in the case, a jury was selected for…

2Cases cited1 opinion

  1. Jackson v. StateSupreme Court of Georgia · 1874

3Cited by5 opinions

  1. People ex rel. Bullock v. HayesAppellate Division of the Supreme Court of the State of New York · 1915
  2. State v. DuvallSupreme Court of Louisiana · 1914
  3. Bush v. StateCourt of Appeals of Georgia · 1968
  4. Minyard v. StateCourt of Appeals of Georgia · 1915
  5. People Ex Rel. Stabile v. . Warden, Etc.New York Court of Appeals · 1911

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