Mercer v. State
Supreme Court of Georgia
Murder, in Stewart Superior Court. Tried before Judge Crawford, October Term, 1854. Tbe first error assigned in this ease is, that the question, “ Have you any conscientious scruples as to capital punishment,” was put the Jurors on their voir dire, though the offence was committed prior to the Act prescribing that question. Defendant made no objection, at the time, nor was the "Court called in to decide upon the legality of the question.
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Murder, in Stewart Superior Court. Tried before Judge Crawford, October Term, 1854. Tbe first error assigned in this ease is, that the question, “ Have you any conscientious scruples as to capital punishment,” was put the Jurors on their voir dire, though the offence was committed prior to the Act prescribing that question. Defendant made no objection, at the time, nor was the "Court called in to decide upon the legality of the question. The main error complained of, was the refusal of the Court to grant a new trial, on the ground that the verdict was contrary to the weight of the evidence.…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] When the Jurors were called up in this case, they were asked by the Solicitor General “ if they had any conscientious scruples as to capital punishment,” this offence having been committed before the Act of the last General Assembly, authorizing such questions. No objection was made, at the time,,, by the prisoner’s Counsel, and no decision on the point was. asked for, or made -by the Court. • He may have supposed, and: *169he had the right to suppose, that the questions were put by an understanding between the counsel, and that all objections…
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