153 Ga. 119 | Ga. | 1922
1. "A prisoner is in jeopardy within the meaning of the constitution, and can not be tried again, when in a court competent jurisdiction, and upon a sufficient indictment, he has been arraigned, has pleaded, and the jury has been impaneled and sworn.” 2 Ene. Dig. Ga. R. 152; Newsom v. State, 2 Ga. 60; Reynolds v. State, 3 Ga. 53; Holt v. State, 38 Ga. 187; Nolan v. State, 55 Ga. 521 (21 Am. R. 281); Franklin v. State, 85 Ga. 570 (11 S. E. 876) ; Bryans v. State, 34 Ga. 323.
(a) Applying the above principle to the facts of this case, the court did not err in allowing the solicitor-general to arraign the defendant, after the motion for mistrial was made, and after the jury had been impaneled and sworn, and after the State’s counsel had read the indictment to the jury and stated his contentions of the case, over objection of defendant’s counsel that the defendant had been put in jeopardy before he was arraigned and without the defendant having waived arraignment; nor because the court .instructed the solicitor-general to swear the same jury again and read the indictment to the prisoner, and required him to enter his plea of not guilty. See Weaver v. State, 83 Ind. 289. Nor did the court err in refusing to declare a mistrial. Compare Bryans v. State, 34 Ga. 323; Caswell v. State, 27 Ga. App. 76 (107 S. E. 560). See Reddick v. State, 149 Ga. 822 (102 S. E. 347).
2. Where, on the trial of one charged with murder, after all the testimony had been introduced and two arguments by counsel had been made to
3. The evidence in the case authorized the verdict, and the court did not err in refusing a new trial.
Judgment affirmed.