Legal Opinion

Monday v. State

Supreme Court of Georgia

Decided June 15, 1861PublishedCited by 21 opinions

Assault with intent to murder, in Sumter Superior Court. Tried before Judge Allen, at the April Term, 1861. This was in indictment in which the grand jury “ charge and accuse Monday, a slave, of the county and State aforesaid, with the offence of an assault with intent to murder, for that the said defendant, Monday, a slave, on the fifteenth day of October, in the year eighteen hundred and sixty, in the county aforesaid, did then and there unlawfully, and with force and…

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Assault with intent to murder, in Sumter Superior Court. Tried before Judge Allen, at the April Term, 1861. This was in indictment in which the grand jury “ charge and accuse Monday, a slave, of the county and State aforesaid, with the offence of an assault with intent to murder, for that the said defendant, Monday, a slave, on the fifteenth day of October, in the year eighteen hundred and sixty, in the county aforesaid, did then and there unlawfully, and with force and arms, willfully, feloniously, and of his malice aforethought, make an assault at and upon one Andrew Bass then and there…

1Opinion of the Court

By the Court.

Lyon, J.,

delivering the opinion.

There was no error in the refusal of the Court to allow the juror, on trial for competency, to be asked whether he had not talked with the prosecutor, etc. The only question to be propounded to the juror are those prescribed by the Statute of 1856. King vs. The State, 21 Ga., 220; Pines vs. The State, 21 Ga., 236.

2. The juror having been asked, and answered that he had conscientious scruples as to capital punishment, without *679objection it was competent for the Court to discharge him for incompetency under the Act of 1856, notwithstanding the…

2Cases cited2 opinions

  1. Pines v. StateSupreme Court of Georgia · 1857
  2. King v. StateSupreme Court of Georgia · 1857

3Cited by21 opinions

  1. International & Great Northern Railway Co. v. AndersonTexas Supreme Court · 1891
  2. Warrick v. StateSupreme Court of Georgia · 1906
  3. Woolfolk v. StateSupreme Court of Georgia · 1890
  4. Massey v. StateSupreme Court of Georgia · 1966
  5. Wright v. StateSupreme Court of Georgia · 1929

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