1811 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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Visible Translated Text Is As Follows:

SPECIAL DEMURRER.

Further, the State demurs specially to the following parts
of the petition as aforesaid, and moves the Court to strike the
same because they are wholly immaterial and irrelevant to any
right which the Defendant Leo M. Frank might have even if he
was denied any right, and has not been estopped or did not waive the
same.
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 found
the defendant guilty; that he, the said Judge, had thought about
this cause more than any other he had ever tried; that he was
not certain of the Defendant's guilt; that with all the thought
he had put on this case, he was not thoroughly convinced that
Frank was guilty or innocent, but that he did not have to be
convinced; that the jury was convinced; that there was no room
to doubt that"

This Defendant says that under the provisions
Amendment to the Constitution of the United States, no State
could deprive this Defendant of his life or liberty without due
process of law, nor deny him the equal protection of the law, and that he has not been afforded due process of law, and that
he has been denied the equal protection of the law, in that the
said Judge, in so, as aforesaid, denying to him a new trial in
said cause, did not, as shown by said statement, give to this
Defendant the judicial determination of said motion to which the
Defendant was entitled by law; that said Judge being constituted
by law as one of the triors did not afford to this Defendant
the protection which the law guarantees, the law being that
Defendant is entitled to the benefit of every reasonable doubt,
the presumption of innocence being in the Defendant's favor,
and the Trial Judge, though entertaining the doubt which he felt
as to this Defendant's guilt, and nevertheless denying to him a
new trial, by said motion denied to this Defendant the fair and
lawful trial he is entitled to, and thereby this defendant has

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