Thompson v. State
Supreme Court of Georgia
Murder, from Muscogee county. Tried before Judge Worrill, at November Term, 1857. James Thompson was indicted for the murder of John Calhoun. The case being called, the Solicitor General announced ready for the State. The prisoner’s counsel moved for a continuance, on the grounds: 1st. That the crime of which he was charged having been recently committed (but a few days before,) he had not been able to prepare his defence. 2d.
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Murder, from Muscogee county. Tried before Judge Worrill, at November Term, 1857. James Thompson was indicted for the murder of John Calhoun. The case being called, the Solicitor General announced ready for the State. The prisoner’s counsel moved for a continuance, on the grounds: 1st. That the crime of which he was charged having been recently committed (but a few days before,) he had not been able to prepare his defence. 2d. That a witness whose testimony was material to his defence was absent. Sd. That the public mind was so excited against prisoner that he could not safely go to trial at…
1Opinion of the CourtMcDonald, J.
By the Court. delivering the opinion.
The prisoner on his conviction, moved the Court below for a new trial, and in the motion embraced all the decisions and rulings of the Court prior to and during the progress of the trial. Tho Court overruled the motion and the prisoner .excepted.
[1.] The first ground of the motion is the alleged error of the Court in refusing the continuance of the cause. In crimes of the grade of that charged against the prisoner, motions for continuance must be strict and special. It is *303not sufficient for him to say that he has not been able to take steps towards…
2Cited by12 opinions
- Woolfolk v. StateSupreme Court of Georgia · 1890
- Cox v. StateSupreme Court of Georgia · 1879
- Fogarty v. StateSupreme Court of Georgia · 1888
- Sheffield v. StateSupreme Court of Georgia · 1939
- Bradley v. StateSupreme Court of Georgia · 1907
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