Legal Opinion

Pines v. State

Supreme Court of Georgia

Decided January 15, 1857No. 49PublishedCited by 18 opinions

‘ Murder, in Webster Superior Court. Tried before Judge Kiddoo, October Term, 1856. James Pines was indicted for thé murder of his wife, Sárah Ann Pines, alleged to have been committed on the 27th day of August, 1856. The case being called, the presiding Judge required the prisoner to announce whether he was ready for trial, before calling on the State to announce, prisoner’s counsel objected, and this constitutes the first ground of exception.

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‘ Murder, in Webster Superior Court. Tried before Judge Kiddoo, October Term, 1856. James Pines was indicted for thé murder of his wife, Sárah Ann Pines, alleged to have been committed on the 27th day of August, 1856. The case being called, the presiding Judge required the prisoner to announce whether he was ready for trial, before calling on the State to announce, prisoner’s counsel objected, and this constitutes the first ground of exception. The prisoner and State both having announced “ready,” and the jury being regularly empanneled, were put upon the prisoner, and when the second juror…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] The first question made by the record in this case is, was the Court right in permitting the Solicitor General to call upon the defendant to announce first if he was ready for trial.

A contrariety of practice has obtained and still exists in the State upon this subject, and even in the same circuit the practice has not been uniform, and this has resulted from *236the fact that there is no law upon the point. In England the crown was never forced to announce itself ready. No such doctrine has ever prevailed here.

By the penal code, the cause stands…

2Cited by18 opinions

  1. Bryant v. StateSupreme Court of Georgia · 1941
  2. Woolfolk v. StateSupreme Court of Georgia · 1890
  3. Garrett v. StateSupreme Court of Georgia · 1948
  4. Waycaster v. StateSupreme Court of Georgia · 1911
  5. Elder v. StateSupreme Court of Georgia · 1915

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