103 Ga. 63 | Ga. | 1897
W. D. Cooper was indicted for the murder of C. E. Dunson, and found guilty of voluntary manslaughter. He moved for a new trial, which was denied, and he excepted. As the case is to be tried again, we express no opinion as to its merits. The record presents only two questions with which we are now called upon to deal, and these are by no means difficult.
The correctness of what is said above was conceded in the argument here. Indeed, it is not conceivable that any good lawyer would contend otherwise. But it was urged that the misconduct of the bailiff did no harm in the present case, because in point of fact the jury had made up their verdict and unanimously agreed to find the accused guilty of voluntary manslaughter, before they had seen or examined the paper handed them by the bailiff. We can not sanction this contention as well founded. There can be no such thing as a verdict in any case until the finding agreed upon by the jury has been reduced to writing, signed by the foreman, and returned in open court. It is within the power of any juror, before leaving the jury-room, or even after coming into court, to recede from the verdict to which he has previously assented, at any