Harnage v. State
Court of Appeals of Georgia
Accusation of riot; from city court of Nashville — Judge Buie. November 22, 1909. The 4th division of the decision relates to the following ground of the motion for a new trial: “During the progress of the trial, while the witness John Tyson was on the stand, counsel for the defense asked said witness the following question: 'What did the bystanders have to say at the time the ruens was in progress, as to whether it looked like a riot, or were the men engaged in play?’ which…
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Accusation of riot; from city court of Nashville — Judge Buie. November 22, 1909. The 4th division of the decision relates to the following ground of the motion for a new trial: “During the progress of the trial, while the witness John Tyson was on the stand, counsel for the defense asked said witness the following question: 'What did the bystanders have to say at the time the ruens was in progress, as to whether it looked like a riot, or were the men engaged in play?’ which the witness would have answered: 'They were not fighting, but were engaged in play.’ This question and answer the court…
1Opinion of the CourtHill, C. J.
1. Where the bill of exceptions .contains a recital, that it was tendered within the time prescribed by law, the writ of error will not be dismissed, although it appears that the judge did not sign and certify the same within the statutory period, unless it be made to appear that his failure so to sign and certify was because of some act of the plaintiff or his counsel. Acts 1896, p. 45; Moore v. Kelly & Jones Co., 109 Ga. 799 (35 S. E. 168).
2. Where two defendants are jointly indicted and are jointly tried, and their joint motion for a new trial is overruled, a joint writ of error from the…
2Cases cited2 opinions
- Moore v. Kelly & Jones Co.Supreme Court of Georgia · 1900
- Patterson v. CollierSupreme Court of Georgia · 1885
3Cited by13 opinions
- Steele v. SuwalskiCourt of Appeals for the Seventh Circuit · 1935
- Hill v. StateCourt of Appeals of Georgia · 1915
- Camp v. LedfordCourt of Appeals of Georgia · 1961
- Charleston & Western Carolina Railway Co. v. Cottonseed Oil Co.Court of Appeals of Georgia · 1918
- Pennington v. City of SpartaCourt of Appeals of Georgia · 1914
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