Geiger v. State

25 Ga. 667
CourtSupreme Court of Georgia
DecidedJune 15, 1858
StatusPublished
Cited by13 cases

This text of 25 Ga. 667 (Geiger v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geiger v. State, 25 Ga. 667 (Ga. 1858).

Opinion

By the Court

McDonald, J.

delivering the opinion.

At each .Term of the Court at which the plaintiff in error demanded a trial, he was put on his trial, but the Court each time dismissed the jury, before the finding of a verdict, and ordered a mistrial. The record does not disclose any cause for ordering a mistrial at either Term of the Court. This Court has held that the Court may, ordinarily, at its discretion, direct a mistrial. A case in which the defendant has a statutory right to a trial, however, forms an exception. In that case the consent of the defendant must be had, or the mistrial must be the effect of inevitable accident; such as the death [669]*669or sickness, df the Judge or one or more of the jury, &c., &c.

The provision of the statute was intended to secure to defendants a speedy trial, and confers on them a right whicii the Court can neither control nor withhold.

Judgment reversed.

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Bluebook (online)
25 Ga. 667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geiger-v-state-ga-1858.