Cross v. State

Court of Appeals of Georgia

Cross v. State

89 S.E. 451, 18 Ga. App. 275, 1916 Ga. App. LEXIS 284

CourtCourt of Appeals of Georgia

DecidedJune 23, 1916

Docket7397

StatusPublished

This text of 89 S.E. 451 (Cross v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cross v. State, 89 S.E. 451, 18 Ga. App. 275, 1916 Ga. App. LEXIS 284 (Ga. Ct. App. 1916).

Pincite

Opinion

Hodges, J.

It appearing that while the jury were deliberating on their verdict one of the jurors requested the sheriff to say whether or not a certain witness had testified that he purchased beer from the defendant since she paid her last fine, and that the sheriff answered that the witness had so testified, this court is compelled to set aside the verdict, regardless of the merits of the case. A proper administration of public justice requires that, regardless of the guilt or innocence of the accused, the trial shall be fair and impartial. The jury must remember the testimony, and any communication, even from the sheriff, as to what [276]*276was testified on the trial raises the presumption that the rights of the accused suffered therefrom. Judgment reversed.

Decided June 23, 1916.

Indictment for sale of liquor; from Emanuel superior court— Judge Hardeman. March 13, 1916.

Kirkland & Kirkland, Larsen & Crockett, for plaintiff in error. B. Lee Moore, solicitor-general, contra.

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Hodges, J.

It appearing that while the jury were deliberating on their verdict one of the jurors requested the sheriff to say whether or not a certain witness had testified that he purchased beer from the defendant since she paid her last fine, and that the sheriff answered that the witness had so testified, this court is compelled to set aside the verdict, regardless of the merits of the case. A proper administration of public justice requires that, regardless of the guilt or innocence of the accused, the trial shall be fair and impartial. The jury must remember the testimony, and any communication, even from the sheriff, as to what [276]*276was testified on the trial raises the presumption that the rights of the accused suffered therefrom. Judgment reversed.

Decided June 23, 1916.

Indictment for sale of liquor; from Emanuel superior court— Judge Hardeman. March 13, 1916.

Kirkland & Kirkland, Larsen & Crockett, for plaintiff in error. B. Lee Moore, solicitor-general, contra.

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Bluebook (online)

89 S.E. 451, 18 Ga. App. 275, 1916 Ga. App. LEXIS 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cross-v-state-gactapp-1916.