14 Ga. App. 577 | Ga. Ct. App. | 1914
1. A plea of former jeopardy which does not set forth a copy of the accusation on which it is alleged-the accused was previously tried is fatally defective, and may properly be stricken, on demurrer pointing out that defect.
2. The trial judge may, upon his own motion and in the interest of a fair trial, exclude from the list of jurors a panel of twelve which has already rendered a verdict between the same parties, involving the same subject-matter.'
3. Assignments of error not verified by the trial judge can not be considered.
4. Although it be shown by evidence, on the trial of one charged with the sale of intoxicating liquor, that a sale of such liquor was made in the presence of the defendant, it is error to charge the jury that if such a sale was made in his house by some other person, that would raise a presumption that it was the defendant’s business, and the burden would be upon him to show that he had no connection with it.
6. The grant or refusal of permission to the defendant’s counsel to propound questions to him, or to direct his attention to a specific matter,
7. For the reasons stated above, in the 4th and 5th paragraphs of the decision, the trial judge erred in refusing a new trial.
Judgment reversed.