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Rhodes v. State

50 S.E. 361, 122 Ga. 568, 1905 Ga. LEXIS 261
CourtSupreme Court of Georgia
DecidedMarch 24, 1905
StatusPublished
Cited by21 cases

This text of 50 S.E. 361 (Rhodes 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
Rhodes v. State, 50 S.E. 361, 122 Ga. 568, 1905 Ga. LEXIS 261 (Ga. 1905).

Opinion

Candler, J.

1. One who, without objection, allows a witness to go on the stand and give evidence against him without being first sworn can not, after conviction, urge the failure of the witness to take the oath, as a ground of a motion for a new trial. Knowledge of the failure to swear the witness is necessarily imputable to the accused; for the oath must have been administered, if at all, in open court and in the presence of the accused. Smith v. State, 81 Ga. 480.

2 It was not error to refuse to grant a new trial on the ground of the alleged disqualification of one of the jurors who tried the case ; for even if the juror was disqualified by reason of the facts alleged, it was not shown that these facts were unknown to the accused or his counsel at the time of the trial. Phillips v. Brown, post; Edwards v. State, 121 Ga. 590.

3. The evidence was conflicting, but that for the State was sufficient to support the conviction of the accused.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)
50 S.E. 361, 122 Ga. 568, 1905 Ga. LEXIS 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhodes-v-state-ga-1905.