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Phillips v. Brown

Phillips v. Brown, sheriff

Phillips v. Brown, 50 S.E. 361 (Ga. 1905)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
March 24, 1905
Judges
Evans
Citations
50 S.E. 361122 Ga. 5711905 Ga. LEXIS 263
Summary
Habeas corpus. Before Judge Freeman. Coweta superior court. February 3, 1905.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Evans

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Evans, J.

1. The disqualification of certain members of the grand jury who-returned tbe bill of indictment under which the defendant was tried and convicted, because of service as grand jurors at tbe prior term of tbe court, is ground for challenge propter defectum, and must be made at the trial. It is too late to urge such disqualification after verdict. Jordan v. State, 119 Ga. 443 ; Davis v. State, 120 Ga. 843 ; McFarlin v. State, 121 Ga. 329 .

2. It was therefore not error to refuse to grant the writ of habeas corpus to one convicted of crime, on the ground that his conviction and detention under sentence was illegal because certain members of the grand jury who returned the hill of indictment under which he was tried and convicted had served at the previous term of the'court. Simmons v. Ga. Iron & Coal Co., 117 Ga. 305 (2). Judgment affirmed.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1939: 11941: 119392026peak 1939 · 1

Relies on it most ⓘ

  1. Wilcoxon v. Aldredge15 S.E.2d 873 (Ga. 1941)
  2. Harris v. Norris4 S.E.2d 840 (Ga. 1939)

Most recent

  1. Wilcoxon v. Aldredge15 S.E.2d 873 (Ga. 1941)
  2. Harris v. Norris4 S.E.2d 840 (Ga. 1939)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Simmons v. Ga. Iron & Coal Co., 61 L.R.A. 739 (Ga. 1903) 82
Jordan v. State, 46 S.E. 679 (Ga. 1904) 42
Davis v. State, 48 S.E. 305 (Ga. 1904) 17
McFarlin v. State, 49 S.E. 267 (Ga. 1904) 7

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