Jones v. State

Decision Date12 April 1911
PartiesJONES. v. STATE.
CourtGeorgia Supreme Court

(Syllabus by the Court.)

1. Criminal Law (§ 956*)—New Trial—Misconduct of Jury.

In regard to the ground of the motion for a new trial which alleged misconduct on the part of the jurors in separating while deliberating on the case and in discussing it with persons other than members of the jury, and on the part of the officers in charge in permitting this, in talking to the jury about the case, and in otherwise misconducting themselves, the evidence adduced before the presiding judge on the hearing of the motion for a new trial was conflicting, and there was no error in overruling such ground.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 2373-2391; Dec. Dig. § 956.*]

2. Criminal Law (§ 731*) — Province of Court and Jury—Instructions.

It furnished no ground for reversal that the presiding judge failed to charge the jury that they were judges of the law and facts.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 1694, 1695; Dec. Dig. § 731.*]

3. Review of Evidence.

The evidence supported the verdict, and there was no error in overruling the motion for a new trial.

Error from Superior Court, Baker County; Prank Park, Judge.

Ed Jones was convicted of crime, and brings error. Affirmed.

E. E. Cox, for plaintiff in error.

W. E. Wooten, Sol. Gen., F. A. Hooper, and H. A. Hall, Atty. Gen., for the State.

LUMPKIN, J. Judgment affirmed. All the Justices concur.

*.For other eases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes

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4 cases
  • Bennett v. State
    • United States
    • Georgia Court of Appeals
    • 23 Abril 1952
    ...controlled unless it is made to appear that he has abused the discretion vested in him as trior of the issue this presented, Jones v. State, 136 Ga. 157, 71 S.E. 6; Marshman v. State, 138 Ga. 864, 76 S. E. 572; Shivers v. State, 181 Ga. 557, 562(4), 183 S.E. 489; and where no actual injury ......
  • Brinkins v. State
    • United States
    • Georgia Court of Appeals
    • 14 Noviembre 1922
    ... ... The contention that the ... bailiff, while in charge of the jury, slept in the same room ... and discussed the case with them was sufficiently met and ... explained. See Jackson v. State, 152 Ga. 210 (2), ... 108 S.E. 784; Marshman v. State, 138 Ga. 864 (1), 76 ... S.E. 572; Jones v. State, 136 Ga. 157 (1), 71 S.E ... 6; Jones v. State, 135 Ga. 357 (2), 359 (2), 69 S.E ... 527; Tolbirt v. State, 124 Ga. 767 (1), 770, 53 S.E ... 327; Glover v. State, 129 Ga. 717 (1), 59 S.E. 816 ...          The ... evidence demanded the verdict ...          Error ... ...
  • Marshman v. State
    • United States
    • Georgia Supreme Court
    • 23 Noviembre 1912
    ...hearing of the motion for a new trial was conflicting; and there was no error in overruling the motion as to said ground. Jones v. State, 136 Ga. 157, 71 S. E. 6. [Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 2373-2391; Dec Dig. § 956.*] 2. Criminal Law (§ 1064*) — Appeal — Re......
  • Marshman v. State
    • United States
    • Georgia Supreme Court
    • 23 Noviembre 1912
    ... ... charge of the jury in permitting this, the evidence adduced ... before the presiding judge on the hearing of the motion for a ... new trial was conflicting; and there was no error in ... overruling the motion as to said ground. Jones v ... State, 136 Ga. 157, 71 S.E. 6 ...          In an ... act to regulate and prescribe certain matters of review ... procedure and practice in the courts of this state, approved ... August 21, 1911 (Acts 1911, p. 149), it is declared that no ... judgment of a trial court in a ... ...

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