101 Ga. 800 | Ga. | 1897
Sullivan and O’Neil were indicted in the superior court of Chatham county, for the murder of Brooks. Having been convicted of voluntary manslaughter, they except to the refusal of the court to grant them a new trial.
The first ground of the motion assigns as error the refusal of the court to set aside for cause a juror alleged to have been incompetent on account of deafness. Accompanying this ground was an affidavit of the juror to the effect, that his hearing was impaired; that he draws a pension from the United States government on account of such defective hearing; that on the last jury he served upon before this, it became necessary to place his chair very near the witness-stand to enable him
On the trial a witness for the accused testified, that a short time prior to the shooting both of the accused came into Lane’s barroom to take a drink; that he (the witness) walked over just about the time the accused were drinking, and saw O’Neil give Sullivan a pistol which Sullivan put in his pocket. It was then sought to prove by this witness what the accused said to him at this time, in explanation of their action. This the court refused to permit. Evidence was also sought to he introduced by the defense,, that, five or six minutes after the homicide, Sullivan, after running some distance, called a policeman and stated to him that he and O’Neil were crowded by a lot of negroes, and that he had to shoot in self-defense, that he had to run, as the crowd was after him, that "he had dodged them on East Boundary street, and that he did not know whether he had shot anybody. Another ground of the motion for a new trial was based on alleged newly discovered evidence.
Judgment affirmed.