Home/Supreme Court of Georgia/Geiger v. State

Geiger v. State

25 Ga. 667
Supreme Court of Georgia·Decided June 15, 1858·Published·Cited by 13 cases

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] or 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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Geiger v. State, 25 Ga. 667 (Ga. 1858).

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