Robinson v. State
| Citation | 109 Ga. 506,34 S.E. 1017 |
| Parties | ROBINSON. v. STATE. |
| Decision Date | 24 January 1900 |
| Court | Supreme Court of Georgia |
HOMICIDE — INSTRUCTIONS — SETTING ASIDE JUROR — EXAMINATION OF JURORS — REMARKS OF COUNSEL—SEPARATION OF JURY —POLLING JURY.
1. If, in a trial for murder, the law of voluntary manslaughter is not involved, the court should not charge thereon; but so doing will not, in such a case, be cause for a new trial, if the accused be rightly convicted of murder, or if, though he be convicted of voluntary manslaughter only, a verdict of murder was really demanded. If, however, in such a case, the accused be convicted of voluntary manslaughter, when there was evidence which would have warranted an acquittal, or when his statement, if believed, would have so warranted, there should be a new trial.
2. Setting aside a juror for cause after the panel of 48 has been made up in a felony case, and the selection of the jury to try the same has been begun, is not cause for a new trial. Doyal v. State, 70 Ga. 134, 142.
3. After the original panel of 48 has been exhausted, it is a matter of discretion with the judge as to what numbers of jurors shall compose the succeeding panels to be put upon the accused.
4. Inaccuracies in explaining to jurors the meaning of the questions propounded on their voir dire will not, in a plain case of guilt, and when no injury to the accused is affirmatively shown, require a conviction to be set aside.
5. When, in his charge, the judge informs the jury that the contentions of the parties are so and so, it will, in the absence of a certificate from him to the contrary, be presumed that his statement of such contentions was correct.
6. Objectionable remarks by a solicitor general in his argument to the jury afford no cause for a new trial, when no exception was taken thereto, and no ruling of the court invoked thereon, (a) It does not, in the present case, appear that the argument of the solicitor general was in any respect unfair or prejudicial to the accused.
7. Irregularities in the conduct of jurors trying a criminal case, such as the separation of some of them from their fellows, and the like, are not cause for a new trial, when it affirmatively appears that no injury resulted therefrom to the accused.
8. It is too late to poll a jury after the sentence of the court has been pronounced. (a) There is in the record evidence warranting a finding that the request to poll in this case was made after sentence.
(Syllabus by the Court.)
Error from superior court Burke county; E. L. Brinson, Judge.
James Robinson was convicted of manslaughter, and brings error. Affirmed.
Phil. P. Johnston, for plaintiff in error.
Wm. H. Davis, Sol. Gen., and A. H. Davis, for the State.
The accused, James Robinson, a white man, was indicted for the murder of Gilbert Ellison, a colored man.
A verdict of voluntary manslaughter was returned, and a motion for a new trial, embracing many grounds, was made and overruled. We do not think that any of these grounds, or that all of them together, would justify us in reversing the judgment...
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Favors v. State
...of sentence cuts off the time for polling the jury is that a juror may be affected by the announcement of the sentence. Robinson v. State, 109 Ga. 506(8), 34 S.E. 1017. In McCullough v. State, 10 Ga.App. 403(7), 73 S.E. 546, the court referring to the practice of asking whether there was an......
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Holmes v. State, 64128
...242 S.E.2d 611. In Beckman v. State, 134 Ga.App. 118, 213 S.E.2d 527, this Court quoted with approval language found in Robinson v. State, 109 Ga. 506, 34 S.E.2d 1017, wherein it was held: "If in a trial for murder the law of voluntary manslaughter is not involved, the court should not char......
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Graham v. State
...of murder, and “some little evidence” sufficiently authorized a charge and conviction of voluntary manslaughter, Robinson v. State, 109 Ga. 506, 34 S.E. 1017 (1900); Varnum v. State, 125 Ga.App. 57, 62–63, 186 S.E.2d 485 (1971). Later cases have held that if the evidence was sufficient to s......
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Thomas v. State
...was made to such statements, and no ruling of the court was invoked. Bridges v. State, 110 Ga. 240, 34 S. E. 1037; Robinson v. State, 109 Ga. 506, 34 S. E. 1017; Herndon v. State, 111 Ga. 178, 36 S. E. 634. 4. The court delivered to the jury a very comprehensive instruction on the subject o......