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138 Ga. 464

Embry v. State

Supreme Court of Georgia

Decided August 13, 1912

Supreme Court of Georgia · decided 1912-08-13

<p>Indictment for murder. Before Judge Meadow. Madison superior court. May 9, 1912.</p>

Relies on City & Suburban Railway v. Brauss · Jordan v. State · Jefferson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1912-08-13

How this case has been cited

Cited by 11 later decisions — most recently July 2009

11 state decisions

401912192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Lumpkin, J.

¶11. That a juror’s name is not on the jury list or in the jury box is not cause for a new trial, when the point is raised for the first time after verdict. Being an objection propter defectum, it should be discovered and urged before verdict. Somers v. State, 116 Ga. 535 (42 S. E. 779); Jordan v. State, 119 Ga. 443 (46 S. E. 679).

¶22. Where, after verdict, in a motion for a new trial the impartiality of two of the jurors was attacked, and there was a showing and a counter-showing on the subject, and the presiding judge passed on the conflicting evidence, his finding will not be reversed, unless he has abused his discretion. Jefferson v. State, 137 Ga. 382 (73 S. E. 499).

¶33. If the charge on the subject of mutual combat, of which complaint was made, was not altogether as clear and exact as it might have been, under the evidence it does not require a reversal on the ground that it was “too vague and uncertain, and because the court failed to give the jury the law, if any, which distinguishes between mutual combat— that is to say that the court failed to charge the jury when death results from a mutual combat between two parties when it is manslaughter and when it is murder.” Cargile v. State, 137 Ga. 775 (74 S. E. 621); Freeman v. State, 70 Ga. 376 (3).

¶44. The verdict was supported by the evidence, and there was no error in overruling the motion for a new trial.

¶5 Judgment affirmed.

All the Justiees concur.
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