Legal Opinion

Sealy v. State

Supreme Court of Georgia

Decided July 15, 1846No. 29PublishedCited by 18 opinions

Indictment for Murder. The plaintiff in error was convicted of murder, before Judge Alexander, in the Superior Court of the county of Talbot, at March Term, 1846. Upon the arraignment, and the issue joined, the prisoner being unable, on account of his poverty, to employ counsel, Hines Holt, Henry L. Benning, Alien F. Owen, and William Elam, Esqrs., were assigned by the court as counsel to appear for and defend him on his trial.

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Indictment for Murder. The plaintiff in error was convicted of murder, before Judge Alexander, in the Superior Court of the county of Talbot, at March Term, 1846. Upon the arraignment, and the issue joined, the prisoner being unable, on account of his poverty, to employ counsel, Hines Holt, Henry L. Benning, Alien F. Owen, and William Elam, Esqrs., were assigned by the court as counsel to appear for and defend him on his trial. The counsel for the prisoner being called upon to announce whether he was ready for trial, moved for a continuance, and in support of their motion submitted an…

1Opinion of the Court

By the Court

Lumpkin, Judge.

The prisoner was convicted of murder in the Superior Court of Talbot Comity, in March, 1846 ; and from the judgment then rendered against him he has appealed to this court. He complains of certain irregularities in the proceeding, and assigns for error, first, that the court refused to continue the case. It appears from the record, that after the arraignment, counsel for the prisoner moved a postponement of the trial, upon the ground that William Hammock, a material witness for him, was absent without his consent or procurement, and he rendered as an excuse why he…

2Cases cited1 opinion

  1. Everson v. CarpenterNew York Supreme Court · 1837

3Cited by18 opinions

  1. Swain v. AlabamaSupreme Court of the United States · 1965
  2. Cawthon v. StateSupreme Court of Georgia · 1904
  3. Estill v. Citizens & Southern BankSupreme Court of Georgia · 1922
  4. Cox v. StateSupreme Court of Georgia · 1879
  5. Mathis v. StateSupreme Court of Florida · 1893

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