Legal Opinion

Fountain v. State

Court of Appeals of Georgia

Decided November 23, 1918No. 9978PublishedCited by 15 opinions

(Certiorari granted by the Supreme Court.) Conviction of manslaughter; from Ben Hill superior court-judge Crum. July 9, 1918. Charlie Fountain, a White man, was indicted for the murder of Crockett Gallimore, a negro, and was convicted of voluntary manslaughter. His motion for a new trial was overruled and he excepted.

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(Certiorari granted by the Supreme Court.) Conviction of manslaughter; from Ben Hill superior court-judge Crum. July 9, 1918. Charlie Fountain, a White man, was indicted for the murder of Crockett Gallimore, a negro, and was convicted of voluntary manslaughter. His motion for a new trial was overruled and he excepted. Two of the grounds of the motion were that the court erred in refusing to continue the case, .and in refusing to order a-mistrial on account of a certain occurrence during the progress of the trial. As to these two grounds the trial judge says, in a qualifying note: “When this…

1Opinion of the CourtBloodworth, J.

(After stating the foregoing facts). 1. Some of the .grounds of the motion for a new trial in this case contain much unnecessary matter. The ground as to continuance covers 34 pages. In Gate City Gas-Light Co. v. Farley, 95 Ga. 796 (23 S. E. 119), it is said that “Grounds of a motion for a new trial . . . which embrace utterly superfluous and unnecessary matter, such as lengthy colloquies between counsel on opposing sides, or between counsel and the court, tedious recitals of irrelevant facts, statements taken from the stenographic notes of the trial, and other like things, to such an extent…

Also in this document: Concurrence.

2Cases cited26 opinions

  1. Powell v. StateSupreme Court of Georgia · 1897
  2. Perdue v. StateSupreme Court of Georgia · 1910
  3. Doyal v. StateSupreme Court of Georgia · 1883
  4. Taylor v. StateSupreme Court of Georgia · 1904
  5. Andrews v. StateSupreme Court of Georgia · 1903

21 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Simpkins v. StateCourt of Appeals of Georgia · 1979
  2. Bentley v. StateCourt of Appeals of Georgia · 1974
  3. Thomas v. State of GeorgiaCourt of Appeals of Georgia · 1957
  4. Baggett v. StateCourt of Appeals of Georgia · 1948
  5. Simmons v. StateCourt of Appeals of Georgia · 1985

10 more not listed; retrieve them via the Exa API.

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