151 Ga. 818 | Ga. | 1921
George Crawley, Decatur Crawley, Rosa Crawley, and Blain Stewart were jointly indicted and jointly tried at tbe October term, 1919, of Union superior court, for the offense of murder. The defendants were convicted. George Crawley and Decatur Crawley were sentenced to be hanged, and Rosa Crawley and Blain Stewart were sentenced to life imprisonment in the penitentiary. The defendants made a motion for new trial, which was overruled, and the judgment of the lower court was affirmed by the Supreme Court on September 30, 1920. A motion for rehearing was filed, and this motion was denied on October 2, 1920. 150
But it is finally insisted that the juror himself was unaware of the relation and could not have been influenced thereby; and that any such disqualification, if good ground for granting an ordinary motion, can not be classed as among the extraordinary grounds, recognized by law. In Ledford v. State, supra, it was said: “It would be too dangerous a precedent to allow the juror to assert that he was ignorant of the relationship till after trial, too. The principle on which the law rejects him is that he is not impartial; the same objection lies to his assertion that he was ignorant of the relationship at the time of the trial, after he had assisted in the conviction.” While the reasoning on this point may not be altogether satisfactory, the exact point was ruled and the policy of the State declared. The ruling has been subsequently followed. Lyens v. State, 133 Ga. 587, 600 (66 S. E. 792). The suggestion that the disqualification of a juror in a criminal case on account of relation to the prosecutor can not be classed as among the extraordinary grounds recognized by law is convincingly disposed of by Judge Bussell in Smith v. State, supra, as follows: “ Counsel argue that ‘the question of the.relationship of a juror not only ordinarily occurs in the trial of cases, but is of general and constant occurrence. And the motion in this case shows on its face that it did occur in this case and was inquired for.’ We will agree with counsel that the inquiry into the subject of the relationship of jurors, — questions as to such relationship, is almost a matter of daily occurrence in the courts. But in the opinion that the discovery of disqualification after counsel has called attention to the subject of relationship, and the trial judge has taken the pains to have an investigation in open court touching relationship, and the cautious juror’s mind is again indirectly turned to any cause which might bias his judgment by the questions propounded on the voir dire, is a common or ordinary occurrence, we do not concur. We hold such a circumstance to be extraordinary, and the law has long so regarded it; for, contrary to the prevailing rule, it absolutely shuts its ears to the explanation that the juror was not aware of the relationship and that such relationship did not in any wise affect the verdict. The law will not hear or consider
Judgment reversed.'