Cox v. State
Supreme Court of Georgia
Criminal law. Murder. Continuance. Jury. Witness. Evidence. Hes gestee. Charge of Court. Prisoner’s statement. New trial. Before Judge Hiultbr. Eultou Superior Court. April Term, Í879. Cox was placed on trial for tbe murder of Alston, alleged to have been committed on March 11, 1879. The indictment was found on April 3d following, and the case called for trial on the 29th of the same month.
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Criminal law. Murder. Continuance. Jury. Witness. Evidence. Hes gestee. Charge of Court. Prisoner’s statement. New trial. Before Judge Hiultbr. Eultou Superior Court. April Term, Í879. Cox was placed on trial for tbe murder of Alston, alleged to have been committed on March 11, 1879. The indictment was found on April 3d following, and the case called for trial on the 29th of the same month. The defendant moved in writing for a continuance, because he was advised and believed that he could not then obtain a fair and impartial trial, on account of the great excitement and prejudice against him…
1Opinion of the Court
Bleckley, Justice.
1. The motion for a continuance was in writing, and a copy of it is in the record. There were three grounds, two of which related to the absence of witnesses. Only the third was argued and insisted on here, the other two being abandoned. The matter of this third ground is fully set forth in the reporter’s statement. There was no suggestion in the motion that at the time of submitting it, or at the time of entering upon the trial, the accused was unable to confer with his counsel, or to undergo‘the labor and excitement of conducting his defense. If he had wanted a continuance…
2Cases cited5 opinions
- Bishop v. StateSupreme Court of Georgia · 1850
- Johnson v. StateSupreme Court of Georgia · 1873
- Sealy v. StateSupreme Court of Georgia · 1846
- Lovett v. StateSupreme Court of Georgia · 1878
- Thompson v. StateSupreme Court of Georgia · 1858
3Cited by41 opinions
- Shushan v. United StatesCourt of Appeals for the Fifth Circuit · 1941
- Harris v. StateSupreme Court of Georgia · 1940
- Woolfolk v. StateSupreme Court of Georgia · 1890
- Fogarty v. StateSupreme Court of Georgia · 1888
- Moore v. Atlanta Transit System, Inc.Court of Appeals of Georgia · 1961
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