Cobb v. State
Supreme Court of Georgia
Criminal Law. Jury. Pleading. Before Judge Harrell. Randolph Superior Court. November Term, 1871. The indictment charged that Cobb permitted a minor, without the consent of his parents, “ to play or roll billiards,” on Cobb’s billiard table. After the jury was stricken Cobb’s counsel demurred to the indictment upon the ground that it contained “two distinct offenses.” The demurrer was overruled.
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Criminal Law. Jury. Pleading. Before Judge Harrell. Randolph Superior Court. November Term, 1871. The indictment charged that Cobb permitted a minor, without the consent of his parents, “ to play or roll billiards,” on Cobb’s billiard table. After the jury was stricken Cobb’s counsel demurred to the indictment upon the ground that it contained “two distinct offenses.” The demurrer was overruled. Before the case was submitted to the jury, Cobb’s counsel notified the Court that he had just discovered that one of the jury impanneled to try the cause was of the grand jury who found the true bill.…
1Opinion of the Court
McCay, Judge.
It is not the policy of the law to try men for the violation of the law, by jurymen who have formed and expressed opinions from hearing the evidence as to their guilt or innocence. These two jurymen were clearly incompetent, and the fact of incompetency was not known until after the jury was fully *13stricken. Under the statute, giving the prisoner seven strikes and the State five from a panel of twenty-four, the prisoner has the first and the last two strikes. We think it was contrary to the spirit of the statute, to force the prisoner to recall his last two strikes, or to consent…
2Cited by7 opinions
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
- Henderson v. StateSupreme Court of Georgia · 1901
- Jacobs v. StateCourt of Appeals of Georgia · 1907
- Wells v. StateSupreme Court of Georgia · 1897
- Dodys v. StateCourt of Appeals of Georgia · 1946
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