Paulk v. State
| Decision Date | 16 October 1907 |
| Docket Number | (No. 743.) |
| Citation | 2 Ga.App. 662,58 S.E. 1109 |
| Parties | PAULK v. STATE. |
| Court | Georgia Court of Appeals |
1. Coubts—City Courts—Judges—Tbial op Cases in Othee Coubts.
The judge of the city court of Baxley was qualified under the Constitution of 1877 to preside in the superior court and try this case; the judge of the latter court being disqualified. Const. 1877, art. 6, § 5; Paulk v. State (No. 744, Court of Appeals of Georgia) 58 S. E. 1108.
2. Jury — Disqualification — Service on Pbiob Juey.
It is no cause of challenge to the array that 12 of the 48 jurors constituting the array had just served as a jury on the trial of another person jointly indicted with the defendant in which a verdict of guilty was rendered, and that the witnesses and evidence in the present case would be the same as in the former. Such cause of challenge was not good against the panel, but would have been available only by challenges to the polls. Schnell v. State, 92 Ga. 459, 17 S. E. 966.
3. Criminal Law—Instructions—Requests.
The written requests to charge on the issue made by the facts proved as to whether the specific intent of the defendant was to commit the offense of larceny, or some other offense, was fully covered by the charge of the court on that subject.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 14, Criminal Law, 8 2011.]
4. Same—Verdict.
No error of law was committed, and the verdict is supported by the evidence. (Syllabus by the Court.)
Error from Superior Court, Appling County; J. H. Thomas, Judge.
Will Paulk was convicted of larceny, and he brings error. Affirmed.
W. W. Bennett, for plaintiff in error.
John W. Bennett, Sol. Gen., and W. W. Lambdin, for the State.
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Gordon v. State
...the statement was good cause of challenge at all, the challenge should have been made to the polls, and not to the array. Paulk v. State, 2 Ga. App. 662, 58 S. E. 1109; Bryan v. State, 124 Ga. 79, 52 S. E. 298, and cases cited. [Ed. Note.—For other cases, see Jury, Cent. Dig. § 543; Dec. Di......
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Gordon v. State
... ... charged with selling. This statement was made in the presence ... of the jurors who subsequently convicted the plaintiff in ... error. Held, if the statement was good cause of ... challenge at all, the challenge should have been made to the ... polls, and not to the array. Paulk v. State, 2 ... Ga.App. 662, 58 S.E. 1109; Bryan v. State, 124 ... Ga. 79, 52 S.E. 298, and cases cited ... The ... employment of a detective by the sheriff to ferret out and ... report violations of the prohibition law is not contrary to ... law or the public policy of the ... ...