Clarke v. State
| Decision Date | 11 November 1931 |
| Docket Number | 21634. |
| Citation | 161 S.E. 674,44 Ga.App. 341 |
| Parties | CLARKE v. STATE. |
| Court | Georgia Court of Appeals |
Rehearing Denied Dec. 15, 1931.
Syllabus OPINION.
Decision on question, raised on motion for new trial, whether relative of juror was prosecutor, will not be controlled by reviewing court.
Error from City Court of Jesup; D. M. Clark, Judge.
Proceedings between the State and E. Y. Clarke, in which E. Y. Clarke brings error.
Affirmed.
Geo. & John L. Westmoreland, of Atlanta, for plaintiff in error.
Herbert A. Strickland, Sol., W. B. Gibbs, and W. D. Turner, all of Jesup, for the State.
1. Under the facts of the case the court properly overruled the motion to quash the indictment, the general demurrer to the indictment, the challenge to the array of the jury, and the challenge to the poll.
2. The amendment to the motion for a new trial set up that one of the jurors was related within the prohibited degree to J. T. McLaughlin, one of the alleged prosecutors in the case. The showing by the defendant that McLaughlin was a prosecutor in the case was met with a counter showing by the state, and on this question of fact the judge was the trior, and his decision will not be controlled by this court.
3. The evidence authorized the verdict, and the refusal to grant a new trial was not error.
Judgment affirmed.
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Mach v. State, 40544
...v. Blair, 17 Misc.2d 265, 33 N.Y.S.2d 183, 189; Commonwealth v. Brownmiller, 141 Pa.Super. 107, 14 A.2d 907; accord Clarke v. State, 44 Ga.App. 341, 161 S.E. 674; Christopher v. State, 21 Ga.App. 244, 94 S.E. 72; Williams v. State, 69 Ga. 11, 28. 'But the presence and participation in Grand......
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Dotty v. State
...People v. Blair, 17 Misc.2d 265, 33 N.Y.S.2d 183, 189; Commonwealth v. Brownmiller, 141 Pa.Super. 107, 14 A.2d 907; accord Clarke v. State, 44 Ga.App. 341, 161 S.E.674; Christopher v. State, 21 Ga.App. 244, 94 S.E.72; Williams v. State, 69 Ga. 11, 28. * * * ' Mach v. State, 1964, 109 Ga.App......