Hill v. State

• Decision Date: 13 February 1893
• Citation: 16 S.E. 976,91 Ga. 153
• Parties: HILL v. STATE.
• Court: Georgia Supreme Court

16 S.E. 976

91 Ga. 153

HILL v. STATE.

Supreme Court of Georgia

February 13, 1893

Syllabus by the Court.

1. As it affirmatively appeared in the showing for a continuance that the accused had other witnesses by whom he could prove the same facts which he expected to prove by the absent witness, and as the latter was brought into court on attachment in time for his evidence to have been taken before the trial closed, and he was not introduced as a witness, the refusal to grant a continuance on the ground of his absence is not cause for a new trial. Allen v. State, 10 Ga. 86; Anderson v. State, 72 Ga. 98.

2. Although the state has examined some of the jurors to uphold the verdict, public policy requires that none of the jurors shall be heard to impeach it, even in reply to those who have testified in its vindication.

3. Under all the competent facts in evidence by affidavits there was no necessary cause for setting aside the verdict on the ground that one of the jurors was not fair and impartial. The statements imputed to him as having been made before the trial he did not remember, and his character as an upright and intelligent juror was fully vindicated. The statements, if made, indicate bias or prejudice against the accused, or a fixed opinion of his guilt, but, under his explanation, they could be treated rather as rash and incautious remarks, founded upon mere rumor, and not expressive of any settled or permanent opinion which would not readily yield to evidence. Regarding the presiding judge as in the position of a trior of the juror's competency, it does not affirmatively appear that his decision was erroneous. That he ought to be so regarded, see Ray v. State, 15 Ga. 223, and Brinkley v. State, 58 Ga. 296.

4. There was evidence sufficient to justify the verdict, and there was no error in overruling the motion for a new trial.

Error from superior court, Carroll county; S.W. HARRIS, Judge.

W. J. Hill was convicted of murder, and, his motion for a new trial being overruled, he brings error. Affirmed.

W. M. Morrison and H. C. Jones, for plaintiff in error.

T. A. Atkinson, Sol. Gen., Reid & Stewart, and J. M. Terrell, Atty. Gen., for the State.

PER CURIAM.

Judgment affirmed.