Category: GEORGIA SUPREME COURT APPEALS

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Visible Translated Text Is As Follows: STATE OF GEORGIA,COUNTY OF FULTON.Be it remembered that at the May Term 1914 of the Superior Court of said County, there came on to be heard before Hon. B. H. Hill, Judge of said Court presiding, in the case of the State of Georgia vs. Leo M. Frank, the motion in writing, as amended, of the said Frank, upon the grounds therein set forth, to set aside the verdict of guilty of murder rendered against him in said cause. To the said motion the State of Georgia, by its Solicitor General, interposed its demurrer

Visible Translated Text Is As Follows: set up presented no good and sufficient reason in law why the same should be sustained and the motion be dismissed; that said judgment was erroneous in sustaining the sixth ground of the general demurrer, because the ground of demurrer therein set up presented no good and sufficient reason in law why the same should be sustained and the motion be dismissed; that said judgment was erroneous in sustaining the seventh ground of the general demurrer, because the ground of demurrer therein set up presented no good and sufficient reason in law why the

Visible Translated Text Is As Follows: the special demurrer, because said ground of demurrer present-ed no good and sufficient reason in law for striking thatportion of the motion of plaintiff in error in said secondground of the special demurrer pointed out, the saidportion of the motion, asmovant contends, being materialand relevant to the assertion. of the righte of movant asset forth in paragraph 7 of his said motion.And plaintiff in error specifies as all the recordmaterial to a clear understanding of the errors complainedof, the following:1. The motion of plaintiff in error, Leo M. Frank, to setaside the verdict of

Visible Translated Text Is As Follows: Tyre, Peeples & Jordanunderstanding of the errors complained of; and the Clerkof the Superior Court of Fulton County, Georgia, is herebyordered to make out a complete copy of such parts of therecord as are in this bill of exceptions specified and certifythe same as such, and cause the same to be transmitted to theSupreme Court of Georgia, now in session, that the errorsalleged to have been committed may be considered and corrected.This June 25th, 1914.Ben H. HillJudge Superior Court,Atlanta Circuit.

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Visible Translated Text Is As Follows: The Prison Commissionof the State of GeorgiaMilledgeville, Ga.Aug. 18, 1915Hon. Geo. M. NapierState of GeorgiaPrison CommissionAtlanta, Ga.Dear Sir:I am in receipt of your letter of the 17th inst., in regard to the application of Leo M. Frank for a commutation of his sentence from death to life imprisonment, and in reply thereto will say that I have given the matter careful consideration and have consulted with others in regard to the same. I am of the opinion that the evidence in the case is not sufficient to warrant a commutation of the sentence. I

Visible Translated Text Is As Follows: GEORGIA, Fulton County.I Hereby Certify, That the foregoing Bill of Exceptions, hereunto attached, isthe true original Bill of Exceptions in the case stated, to-wit:Leo M. FrankPlaintiff in Error.vs.State of GeorgiaDefendant in Error.and that a copy hereof has been made and filed in this office.Witness my signature and the seal of Court affixedthis the 18 day of July 1914Clerk Superior Court Fulton County, GeorgiaEx-Officio Clerk City Court of Atlanta

Visible Translated Text Is As Follows: Filed in officeJuly 30, 1913ClerkBill of ExceptionsStatevsLeo M. FrankCase No.September Term, 1913Atlanta CircuitClerk

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Visible Translated Text Is As Follows: Filedin officeJul 15 1914C. Bellamy, ClkBILL OF EXCEPTIONSTHE STATEFrankSUPREME COURT OF GEORGIA,October Term, 1914.No. 3FileCriminal Docket.

Visible Translated Text Is As Follows: LEO M. FRANK,Plaintiff in error.vs.THE STATE OF GEORGIA,Defendant in error.

Visible Translated Text Is As Follows: ) ( I N D E X )Motion to set aside Verdict, Page 1.Amended Motion, Page 10.Demurrer, Page 11.Order on Demurrer, Page 16. Since all the page references are singular, I used "Page" for each entry. If there were any instances with multiple pages, I would have used "Pages" instead.

Visible Translated Text Is As Follows: (MOTION TO SET ASIDE VERDICT.)State of Georgia, No. 9410.Vs. (1). Fulton Superior Court.Leo M. Frank. (1).-----------------------------------------------------GEORGIA, FULTON COUNTY.IN THE SUPERIOR COURT OF FULTON COUNTY, GEORGIA.CONVICTION OF MURDER.MOTION TO SET ASIDE VERDICT.Now comes Leo M. Frank, the defendant in the above stated case, against whom in said case a verdict of guilty of murder was received by the Court on August 25th, 1913, and moves the Court to set aside said verdict for the following reasons:1.Because at the time that said verdict was received, and the jury trying the cause was discharged, this defendant was

Visible Translated Text Is As Follows: waiver would be not only a renunciation of a right which the law established in his favor but would be a renunciation affect - ing the public interest.Because on the day said verdict was rendered, and shortly before Hon. L. S. Roan, the Judge who presided upon the trial of said cause, began his charge to the jury, the said Judge in the jury room of the court house wherein the trial was pro- ceeding, privately conversed with L. Z. Rosser and Reuben R. Arnold, two of the counsel of this defendant, and in

Visible Translated Text Is As Follows: of this defendant to be present at the reception of said verdict, or to agree that this defendant should not be present thereat; and the relation of attorney and client did not give them such authority, though said counsel acted in the most perfect-good faith and in the interest of the personal safety of this defendant. Neither the said conversation, with Judge Roan, nor the purport thereof, was communicated to said Haas, nor did said Haas know thereof until after sentence was pronounced on defendant. (2). Defendant did not give to said Rosser, nor

Visible Translated Text Is As Follows: of this defendant while he was so confined in jail, was in violation of and contrary to the provisions of Art. 1, Sect. 1, Par. 3 of the Constitution of the State of Georgia, providing that "no person shall be deprived of life, liberty or property, except by due process of law", the said reception of said verdict during the involuntary absence of this defendant and while he was confined in jail depriving the proceedings against him of the character of a trial to which he was entitled under the law and depriving him

Visible Translated Text Is As Follows: involuntary absence of this defendant and while he was confined in jail depriving the proceedings against him of the character of a trial to which he was entitled under the law and depriving him of the hearing and the opportunity to be heard in his own defense to which he was entitled under the law and to which he was entitled under the said provision of the Constitution of the United States; and this defendant claims the protection of said provision.5.Defendant says that the said reception of said verdict in the involuntary absence of

Visible Translated Text Is As Follows: had thought about this case more than any other he had evertried; that he was not certain of the defendant's guilt; thatwith all the thought he had put on this case, he was not thorough-ly convinced that Frank was guilty or innocent, but that he didnot have to be convinced; that the jury was convinced; that therewas no room to doubt that; that he felt it to be his duty to orderthat the motion for a new trial be overruled. This defendant saysthat under the provisions of the Fourteenth Amendment to theConstitution of the

Visible Translated Text Is As Follows: are windows looking out from the court room into this alley, and that crowds collected therein, and any noises in this alley could be heard in the court room; that these crowds were boisterous, and that on the last day of the trial, after the case had been submitted to the jury, a large and boisterous crowd of several hundred people were standing in the street in front of the court house, and as the Solicitor General came out greeted him with loud and boisterous applause, taking him upon their shoulders and carrying him

Visible Translated Text Is As Follows: Monday, owing to the great public excitement, and the Court adjourned from Saturday, 12:00 o'clock P. M., to Monday morning, because he felt it unwise to continue the case that day, owing to the great public excitement, and on Sunday morning the public excitement had not subsided, and was as intense as it was on Saturday previous. And when it was announced that the jury had reached a verdict, the trial Judge went to the court room and found it crowded with spectators, and fearing violence in the court room, the Trial Judge cleared

Visible Translated Text Is As Follows: STATE OF GEORGIA,COUNTY OF FULTON.In person appeared before me Leo M. Frank, who being dulysworn says: He has read the motion and answer set forth and isfamiliar with the contents thereof. Deponent says that each andall of the statements thereof as to anything which was done orsaid by this deponent and as to anything within the knowledge ofthis deponent are true. Deponent says that all the other state-ments made in said motion he is informed and believes are true.Leo M. Frank.Sworn to and subscribed before me,this 15th day of April, 1914.Montefiore Selig,N. P. Fulton

Visible Translated Text Is As Follows: (AMENDED MOTION.)GEORGIA, FULTON COUNTY.Now comes Leo M. Frank, and with leave of the Court, amends his above stated motion as follows: By inserting between the word "and" and the words "until after sentence of death," in the last sentence of the paragraph numbered one of said motion, the words "did not know of any waiver of his presence made by his Counsel", so that said sentence as amended will read;"He did not even know that said verdict had been rendered and said jury discharged until after the reception of the verdict and discharge of

Visible Translated Text Is As Follows: GEORGIA, FULTON COUNTY.(DEURRER.)The State of Georgia responding to the motion to set aside verdict in the above stated case says by way of demurrer:GENERAL DEMURRER.1. Said motion should be dismissed because a motion to set aside a verdict or judgment of the Court should be under the law predicated upon some defect appearing on the face of the pleadings or record, and the motion filed is not one predicated upon any defect appearing on the face of the pleadings or the record.2. Said motion should be dismissed because it affirmatively appears from paragraph 6

Visible Translated Text Is As Follows: is binding on the said Leo M. Frank, and effectively constitutes a waiver.6. Said motion should be dismissed and this petition in conjunction with the decision of the Supreme Court of Georgia in the case of Leo M. Frank against the State of Georgia, affirmatively shows that said Frank after a knowledge of this waiver on the part of his counsel acquiesced in the same and took steps affirmatively indicating a waiver of such conduct on the part of his counsel.7. Said motion should be dismissed because it affirmatively appears from the same that

Visible Translated Text Is As Follows: SPECIAL DEMURRER.Further, the State demurs specially to the following partsof the petition as aforesaid, and moves the Court to strike thesame because they are wholly immaterial and irrelevant to anyright which the Defendant Leo M. Frank might have even if hewas denied any right, and has not been estopped or did not waive thesame.Said parts demurred to specially are as follows:1. In paragraph 6 of said petition the following language,viz: "Because, Hon. L. S. Roan, stated that the jury had foundthe defendant guilty; that he, the said Judge, had thought aboutthis cause more than

Visible Translated Text Is As Follows: been denied the due process of law."The State insists that in no event could this paragraph be pertinent or material, this question having been adjudicated in the decision of the Supreme Court of the State of Georgia in head note 19 in the case of Leo M. Frank against the State of Georgia, adversely to the said Frank's contention as aforesaid, said adjudication being now the law of the case and not, susceptible of being again reviewed and called in question here or elsewhere.2. The following portions of paragraph 7 should be stricken because

Visible Translated Text Is As Follows: within the court room signifying their feelings by applause and other demonstrations; and on the trial, and in the presence of the jury, the trial Judge in open court conferred with the Chief of Police of Atlanta, and the Colonel of the Fifth Georgia Regiment, stationed in Atlanta, which had a natural effect of intimidating the jury, and so influencing them as to make impossible a fair and impartial consideration of Defendant's case; indeed, such demonstrations finally actuated the Court in making the request of Defendant's counsel, Messrs. Rosser and Arnold, as detailed in

Visible Translated Text Is As Follows: demurrer herein previously referred to.E. A. Stephens,Hugh M. Dorsey,Solicitor General.Filed in office this the 5th day of June, 1914.John H. Jones, D. Clk.(ORDER ON DEMURRER.)Upon considering the above and foregoing demurrer and after argument the same is hereby sustained on each and every ground and the motion to set aside the verdict vs., said Leo M. Frank is dismissed.This June 6, 1914.Benj. H. Hill,Judge Superior Court.

Visible Translated Text Is As Follows: STATE OF GEORGIA,County of Fulton.I Hereby Certify, That the foregoing pages, hereunto attached, contain a true Transcript of such parts of the record as are specified in the Bill of Exceptions and required, by the order of the Presiding Judge, to be sent to theSupreme Courtin the case ofLeo M. FrankvsState of GeorgiaPlaintiff in Error.Defendant in Error.Witness my signature and the seal of Court affixed this the 22 day of July 1914Clerk Superior Court Fulton County, GeorgiaEx-Officio Clerk City Court of Atlanta

Visible Translated Text Is As Follows: FiledIn officeClerk191State of GeorgiavsLeo M. FrankNo.FultonFileTerm 191Atlanta CircuitTranscript of Record

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Visible Translated Text Is As Follows: Filed in office Jul 15 1914W. & C. BaileyTRANSCRIPT OF RECORDTHE STATENo. 3Supreme Court of Georgia.October Term, 1914.Filed Jul 15 1914Criminal Docket.11567