Metts v. State
Supreme Court of Georgia
Indictment for assault and battery, in Whitfield Superior Court. Tried before Judge Crook, April Term, 1859. Hugh C. Metts was indicted for an assault and battery upon his wife.
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Indictment for assault and battery, in Whitfield Superior Court. Tried before Judge Crook, April Term, 1859. Hugh C. Metts was indicted for an assault and battery upon his wife. When the case was called for trial, he moved for a continuance on two grounds: First, because he had not had time or opportunity to prepare for trial; that indictment was found against him on Tuesday morning of this present week of the Term of the Court, for an offence alleged to have been commited the Saturday before. 2d. On account of the absence of two material witnesses, residing in Whitfield county, hot who had…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
The affidavit for a continuance in this case, shows that the defendant had material evidence which was not absent by his fault. The case ought to have been continued, or the witnesses brought to Court.
Judgment reversed.
2Cited by1 opinion
- Brown v. StateSupreme Court of Georgia · 1880