68 Ga. 760 | Ga. | 1882
Plaintiff in error was indicted for the offence of rape, and convicted of assault with an attempt to commit rape. He made a motion for a new trial on various
The main grounds relied upon before this court for a reversal of the judgment of the court below were:
(1.) The misconduct of W. P. Bussey, sheriff of said county, for entering the room at night where the jurors, were lodged and under the control of the bailiff and having the door closed after him. How long he remained in the room the record does not disclose.
(2.) Because the court instructed the jury “that if they" believed the defendant was not guilty of the offence of rape, they might consider whether or not he,is guilty of' the offence of an assault with an intent to commit a rape-There being no evidence to justify the charge.”
(3.) Because the court allowed a witness (McWilliams) to be sworn and testify for the state after the argument to the jury had commenced.
(4.) On account of the misconduct of the jury in being •allowed, during the trial, intoxicating liquors and other refreshments, without the consent of the court.
Judgment affirmed.