73 Ga. 620 | Ga. | 1884
George Kirk was indicted, tried and found guilty of the murder of Hick Ratchford, at the August adjourned term, 1883, of Polk superior court, and was sentenced to imprisonment in the penitentiary for life, in accordance with the recommendation of the jury that passed upon his case. He made a motion for a new trial on various grounds, which was overruled, and the case is here upon a bill of exceptions and writ of error, to review the judgment overruling this motion.
While it is essential to thé protection of the accused to require a strict performance of duty from sheriffs and bailiffs charged with the custody of juries in this respect, yet it would defeat the ends of justice to interpose for every trifling and immaterial irregularity of conduct in this regard and make a pretext for setting aside verdicts. To this length we are not disposed to go.
Judgment affirmed.