Martin v. State, 21933.

• Decision Date: 12 January 1932
• Docket Number: No. 21933.,21933.
• Citation: 44 Ga.App. 567,162 S.E. 150
• Parties: MARTIN. v. STATE.
• Court: Georgia Court of Appeals

44 Ga.App. 567

162 S.E. 150

MARTIN.

v.STATE.

No. 21933.

Court of Appeals of Georgia,

Division No. 1.

Jan. 12, 1932.

Error from Superior Court, Fulton County; Virlyn B. Moore, Judge.

C. E., alias Jack, Martin brings error.

Affirmed.

See, also, 43 Ga. App. 287, 158 S. E. 635; 161 S. E. 371.

W. R. Bentley, of Atlanta, for plaintiff in error.

John A. Boykin, Sol. Gen., J. W. Le Craw, and E. A. Stephens, all of Atlanta, for the State.

Syllabus Opinion by the Court.

BROYLES, C. J.

1. The indictment was not subject to the general or special demurrers interposed.

2. The court did not err in holding that one of the jurors was disqualified to serve as a member of the jury. This juror at first qualified himself by his answers to the voir dire questions put to him, but subsequently the court asked him, was his mind perfectly impartial between the state and the accused, and the juror replied that it was not. "Jurors on both the civil and criminal side of the court must be 'omni exceptione majores.'" See, in this connection, Cambron v. State, 164 Ga. 111, 137 S. E. 780; Temples v. Central of Ga. Ry. Co., 15 Ga. App. 115, 82 S. E. 777; McLaren v. Birdsong, 24 Ga. 265(1), 269.

3. Under the particular facts of this case, the remaining special ground of the motion for a new trial, contending that the indictment against Walter C. Taylor (referred to in the indictment in the instant case) was not a valid indictment, is without merit.

4. The evidence amply authorized the verdict, and the refusal to grant a new trial was not error.

Judgment affirmed.

LUKE, J., concurs.

BLOODWORTH, J., absent on account of illness.