Barton v. State
Supreme Court of Georgia
Criminal Law. Verdict. New Trial. Practice in Superior Court. Before Judge HlLLYER. Fulton Superior Court. April Term, 1881. Barton was indicted and convicted of the crime of perjury. At the same term he moved to set aside the verdict as illegal, and to be discharged, on the ground that he could not be again put in jeopardy. The facts, as gathered from the motion and affidavits submitted, were, in brief, as follows: Barton was out under bond.
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Criminal Law. Verdict. New Trial. Practice in Superior Court. Before Judge HlLLYER. Fulton Superior Court. April Term, 1881. Barton was indicted and convicted of the crime of perjury. At the same term he moved to set aside the verdict as illegal, and to be discharged, on the ground that he could not be again put in jeopardy. The facts, as gathered from the motion and affidavits submitted, were, in brief, as follows: Barton was out under bond. He had been in constant attendance upon the court up to the time the jury retired, which was about 8 P. M. Before they retired the judge instructed the…
1Opinion of the Court
•Jackson, Chief Justice.
The defendant was out on bail,.was absent when the verdict was rendered, but his counsel was present, and a motion was afterwards made to set aside the verdict. The refusal to grant this motion is the error assigned.
It is the right of the defendant in cases of felony, and this is one, to be present at all stages of the trial — especially at the rendition of the verdict, and if he be in such custody and confinement by the court as not to be present unless sent for and relieved by the court, the reception of the verdict during such compulsory absence *655is so illegal as to…
2Cases cited10 opinions
- Nolan v. StateSupreme Court of Georgia · 1875
- Wade v. StateSupreme Court of Georgia · 1852
- Price v. StateMississippi Supreme Court · 1872
- Chalker v. ChalkerSupreme Court of Connecticut · 1814
- State v. WamireIndiana Supreme Court · 1861
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3Cited by37 opinions
- Cawthon v. StateSupreme Court of Georgia · 1904
- United States v. Paul F. GregorioCourt of Appeals for the Fourth Circuit · 1974
- Wilson v. StateSupreme Court of Georgia · 1955
- Shular v. StateIndiana Supreme Court · 1886
- State v. HopeSupreme Court of Missouri · 1889
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