Kelly v. Hall
| Decision Date | 31 January 1874 |
| Citation | 50 Ga. 636 |
| Court | Georgia Supreme Court |
| Parties | CHARLES KELLY, relator. v. JOHN I. HALL, Judge, respondent. |
Practice before the Supreme Court. Mandamus. New trial. Bill of exceptions. Before the Supreme Court. January Term, 1874.
Charles Kelly petitioned the Supreme Court for a mandamus nisi requiring Honorable John I. Hall, Judge of the Superior Courts of the Flint Circuit, to show cause why he should not be compelled by a rule absolute to sign and certify a bill of exceptions to his judgment refusing a new trial in the case of the State against petitioner, who was charged with the offense of murder.
It appeared from the petition that Kelly was convicted of the offense of murder at the September adjourned term, 1872, of Newton Superior Court; that a motion for a new trial was made and overruled, and that said judgment was affirmed by the Supreme Court; that, at the September adjourned term, 1873, a second motion was made for a new trial, on the ground that Hulbert Brown, a material witness for the State, since the trial, had made an affidavit to facts differing from his testimony given in from the stand, and tending to sustain the alibi relied upon by petitioner, and because of certain irregularities in the conduct of the jury.
The motion was overruled. A bill of exceptions to this judgment was presented to the presiding Judge, who returned it, with the following entry thereon:
"My signature and certificate to the within bill of exceptions is refused, this being the second motion for a new trial in the case, and the evidence herein contained showing plainly that no harm could possibly have resulted to the defendant from the irregularities complained of."
*A. M. Speer; J. J. Floyd, for the relator.
No appearance for respondent.
This is an application for a mandamus to compel the Judge of the Superior Court to sign and certify a bill of exceptions to the judgment of that Court in overruling a second motion for a new trial. The granting or refusing the mandamus prayed for must necessarily rest in the sound legal discretion of this Court: Harris v. The State, 2 Kelly's Reports, 290; Malone v. The State, decided at the last term. It would require a very strong case, indeed, to authorize this Court to grant a mandamus to compel the Judge of the Superior Court to sign and certify a bill of exceptions to its judgment in overruling a second motion for a new trial after the case has been heard before this...
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Smith v. State
...which has been credited by a jury and has induced a solemn verdict of guilty should be established. The exact point decided in Kelly v. Hall, 50 Ga. 636, and Cox v. Hillyer, 65 Ga. 57, which were applications for mandamus to compel the certification of second bills of exceptions, and in Mal......
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Smith v. State
...which has been credited by a jury and has induced a solemn verdict of guilty should be established. The exact point decided in Kelly v. Hall, 50 Ga. 636, and Cox v. Hillyer, 65 Ga. 57, which applications for mandamus to compel the certification of second bills of exceptions, and in Malone v......
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O'neil& v. State
...and must be laid in the Very foundations of the purity of jury trial, to authorize the grant of such an applica tion." See, also, Kelly v. Hall, 50 Ga. 636. While the evidence of Henderson is material, it is contradictory of the testimony of a number of witnesses who testified on the trial,......
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O'Neil v. State
...and must be laid in the very foundations of the purity of jury trial, to authorize the grant of such an application." See, also, Kelly v. Hall, 50 Ga. 636. While the evidence Henderson is material, it is contradictory of the testimony of a number of witnesses who testified on the trial, and......