Sullivan v. State
| Decision Date | 21 September 1967 |
| Docket Number | No. 24253,24253 |
| Citation | 223 Ga. 643,157 S.E.2d 247 |
| Parties | Julious SULLIVAN v. The STATE. |
| Court | Georgia Supreme Court |
Richard W. Watkins, Jr., Jackson, W. B. Mitchell, James G. Hampton, Forsyth, for appellant.
Edward E. McGarity, Sol. Gen., McDonough, Arthur K. Bolton, Atty. Gen., Atlanta, for appellee. Syllabus Opinion by the Court
The accused was indicted, tried and convicted of murder without a recommendation for mercy. The appeal is from the judgment and sentence and enumerates as error (1) denial of motions to (a) change the venue and (b) quash the indictment and sustain a plea of abatement upon the ground that the grand and traverse juries were illegally constituted; (2) allowing the county attorney to assist the solicitor general; (3) failure to have the accused examined by a psychiatrist; and (4) allowing an alleged confession in evidence because the constitutional rights of the accused were not properly explained to him. Held:
1. A solicitor general may retain counsel to assist him in the trial of a case. Vernon v. State, 146 Ga. 709, 92 S.E. 76; Jackson v. State, 156 Ga. 842(7), 120 S.E. 535; Hannah v. State, 212 Ga. 313, 315, 92 S.E.2d 89. Accordingly, the employment of counsel or instruction to the county attorney to assist in the investigation and trial of the case by the county commissioners did not generate bias and prejudice against the accused. There is no merit in this alleged error.
2. The mere taking of a prisoner to another jail in another county by the sheriff upon the hearing of a mere rumor without any basis in fact was insufficient to show evidence to authorize a change in venue, and the court did not err in failing to grant the request.
3. There was no special plea of insanity made at the time of trial but a mere request of counsel that the court have the accused examined by a psychiatrist based on the observation of counsel, hence no error is shown in the failure to have him examined before trial.
4. The court did not err in refusing the quash the indictment and sustain the plea in abatement on the grounds that the selection of both the grand and traverse jurors did not represent a cross section of the population of the county and was not made in accordance with law. Code Ann. § 59-106 (Ga.L.1953, Nov. Sess., pp. 284, 285; 1955, p. 247). While there was some speculation that one of the jurors was not selected from the tax digest, yet the overwhelming...
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Nolley v. Caldwell
...such evidence is not ground for a writ of habeas corpus after conviction. As to the admissibility of such evidence see Sullivan v. State, 223 Ga. 643(5), 157 S.E.2d 247. 6. A ground of petition for writ of habeas corpus which seeks to have reviewed the sufficiency of the evidence on the tri......
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Sullivan v. State
...Atty. Gen., Atlanta, for appellee. MOBLEY, Justice. This court affirmed the conviction of this appellant of murder (Sullivan v. State, 223 Ga. 643, 157 S.E.2d 247), which judgment was reversed by the United States Supreme Court (Sullivan v. Georgia, 390 U.S. 410, 88 S.Ct. 1113, 19 L.Ed.2d 1......
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Holsey v. State
...v. State, supra. See Brinks v. State, 232 Ga. 13, 205 S.E.2d 247; Coffee v. State, 230 Ga. 123, 195 S.E.2d 897, and Sullivan v. State, 223 Ga. 643, 157 S.E.2d 247. 4. There is no merit in appellant's contention that the totality of the circumstances surrounding a pre-trial lineup were so im......
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Minor v. State, s. 48096
...were involuntary. Therefore, the trial judge's determination that the confessions were voluntary is affirmed. See Sullivan v. State, 223 Ga. 643(5), 157 S.E.2d 247. 3. Whether the participation of James Collins, the driver of the car, is sufficient to be equated with an intent to burglarize......