124 Ga. 84 | Ga. | 1905
The plaintiff in error was tried by a jury in the city court of La Grange, under an indictment charging him with the offense of playing and betting at cards. When the panel of jurors was put upon him, he challenged the array, in writing, upon the ground that Olin Carlton, one of the jury- commissioners, “who helped prepare the jury-list from which the jury-box was' prepared, from which said panel of jurors was drawn, was, at the time of his appointment as jury commissioner and at the time he helped prepare said jury list, a duly elected, cjualified, and acting justice of the peace of said county;” and that therefore the whole proceeding by the jury commissioners in preparing the list of jurors for the jury-box was illegal. In answer to this challenge, the State, by its solicitor, admitted the facts alleged therein, but denied that they constituted any sufficient ground for challenge to the array.. The court overruled the challenge, and the accused excepted pendente lite. Upon the trial the jury returned a verdict finding the accused guilty. He made a motion for a new trial upon the general grounds, which was overruled, and he excepted, assigning error in his bill of exceptions both upon the overruling of this motion and upon the overruling of his challenge to the array of jurors.
Judgment affirmed.