24 Ga. App. 316 | Ga. Ct. App. | 1919
In the instant ease, upon the hearing of the extraordinary motion for a new trial, it was shown by the affidavit of Hattie Lowery that one of the jurors was the magistrate before whom the warrant charging the defendant with the crime for which he was subsequently convicted was sworn out, and that the juror had stated to the affiant, before the trial of the defendant in the superior court, that there was no doubt about the defendant’s guilt and that he ought to be convicted. It was shown by the affidavit of defendant’s counsel that after the trial in the superior court the juror virtually, admitted to him that he had made such statements, and that he further stated “that he always investigated thoroughly such cases before he issued warrants, and did in this case, and that at the time of the alleged conversation with Hattie Lowery the matter was fresh in his mind, and that he guessed he made the statements.” The two affidavits were accompanied by the necessary supporting affidavits. The State, in a counter-showing, presented an affidavit from the juror in question in which he admitted that he was the justice of the peace who issued the warrant against the defendant; that the defendant was brought before him and waived commitment hearing and that he assessed bond; “deponent also remembers that at about this time Hattie Lowery asked him what the charge was against the defendant, and deponent told her that Eugenia Reddick had sworn out a warrant against the defendant, charging him with assault with intent to rape her little girl, but deponent does not remember telling Hattie Lowery or any other person that defendant was guilty and ought to be convicted, or that there was any doubt about his guilt; nor does deponent remember making any other statement of a similar nature to anybody; deponent can not swear positively that he did not make such a statement, for the reason that he does not remember it, but says that if he did make such a statement he has completely forgotten it.” In his affidavit the juror further stated: “Deponent says that at the time of the trial of said case and at the time deponent was accepted as a juror to try the same, there was no bias or prejudice resting upon deponent’s mind either for or against the defendant, Robert Langston; that deponent entered upon the trial of said case with his mind open and impartial as between the State and the accused and with his mind free from any bias t! prejudice whatever; that he returned in said case tbe only verdict
Judgment affirmed.