Embry v. State
| Decision Date | 13 August 1912 |
| Citation | 138 Ga. 464,75 S.E. 604 |
| Parties | EMBRY . v. STATE. |
| Court | Georgia Supreme Court |
(Syllabus by the Court.)
That a juror's name is not on the jury list or in the jury box is not cause for a new trial, when the point is raised for the first time after verdict. Being an objection propter defectum, it should be discovered and urged before verdict. Somers v. State, 116 Ga. 535 (2), 42 S. E. 779; Jordan v. State, 119 Ga. 443, 46 S. E. 679.
[Ed. Note.—For other cases, see Jury, Cent. Dig. §§ 502-513, 515-523; Dec. Dig. § 110.*]
Where, after verdict, in a motion for a new trial the impartiality of two of the jurors was attacked, and there was a showing and a countershowing on the subject, and the presiding judge passed on the conflicting evidence, his finding will not be reversed, unless he has abused his discretion. Jefferson v. State, 137 Ga. 382 (1), 73 S. E. 499.
[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 3053-3057; Dec. Dig. § 1152.*]
If the charge on the subject of mutual combat, of which complaint was made, was not altogether as clear and exact as it might have been, under the evidence it does not require a reversal on the ground that it was "too vague and uncertain, and because the court failed to give the jury the law, if any, which distinguishes between mutual combat; that is to say, that the court failed to charge the jury, when death results from a mutual combat between two parties, when it is manslaughter, and when it is murder." Cargile v. State, 137 Ga. 775 (6), 74 S. E. 621; Freeman v. State, 70 Ga., 376 (3).
[Ed. Note.—For other cases, see Homicide, Cent. Dig. §§ 715-717, 720; Dec. Dig. § 340.*]
The verdict was supported by the evidence, and there was no error in overruling the motion for a new trial.
Error from Superior Court, Madison County; D. W. Meadow, Judge.
Mack Embry was convicted of an offense, and he brings error. Affirmed.
Geo. C. Thomas, of Athens, R. L. J. & S. J. Smith, of Commerce, and J. F. L. Bond, of Danielsville, for plaintiff in error.
Thos. J. Brown, Sol. Gen., of Elberton, and T. S. Felder, Atty. Gen., for the State.
LUMPKIN, J. Judgment affirmed. All the Justices concur.
*.For other cases see same topic and section NUMBER in Deo. Dig. & Am. Dig. Key-No. Sems & Rep'r Indexes
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Fudge v. State
...accused was not on the jury list is not cause for a new trial, when the point is raised for the first time after verdict. Embry v. State, 138 Ga. 464, 75 S.E. 604. Where the name of the juror was actually in the jury box and was drawn therefrom, even if the omission of such name from the ju......
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Allen v. State
...State6 (juror's name was not on the jury list); Thomasson v. Hudmon7 (jurors were not selected from juror box as then required by law); Embry v. State8 ("[t]hat a juror's name is not on the jury list or in the jury box is not cause for a new trial, when the point is raised for the first tim......
- Crawley v. State
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Blalock v. Adams
...Such is this ease. Jefferson v. State, 137 Ga. 382 (1), 73 S. E. 499; Webb v. State, 138 Ga. 138 (1), 74 S. E. 1001: Embry v. State, 138 Ga. 464 (2), 75 S. E. 604. Judgment affirmed. JENKINS, P. J., and STEPHENS, J., ...