Brown v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Walker. Warren superior court. December 18, 1920. John Brown Jr. was convicted of murder, and sentenced to the penitentiary for life. The case is for review on a writ of error excepting to the overruling of his motion for a new trial.
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Indictment for murder. Before Judge Walker. Warren superior court. December 18, 1920. John Brown Jr. was convicted of murder, and sentenced to the penitentiary for life. The case is for review on a writ of error excepting to the overruling of his motion for a new trial. One ground of the motion for a new trial is that the court erred in receiving the verdict in the absence of the sole counsel for the defendant in the circumstances set forth in the record, which are to the following effect: After the evidence submitted on the trial had been concluded, argument heard, and the charge given, the…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.)
1. We will first consider the ground of the motion for new trial based on the absence of the sole counsel of the accused when the verdict was received. In the “ bill of rights ” of the constitution of this State it is declared: “Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel.” Civil Code, § 6361. This constitutional right guarantees to one on trial for a crime alleged against him, and who enters thereupon with counsel employed by him present and defending him, to have such counsel present…
2Cases cited10 opinions
- Martin v. StateSupreme Court of Georgia · 1874
- Hopson v. StateSupreme Court of Georgia · 1902
- Roberson v. StateSupreme Court of Georgia · 1911
- Jordan v. StateSupreme Court of Georgia · 1903
- Smith v. StateSupreme Court of Georgia · 1878
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3Cited by12 opinions
- Chance v. StateSupreme Court of Georgia · 1923
- Bivins v. StateSupreme Court of Georgia · 1946
- Johnson v. StateSupreme Court of Georgia · 1931
- Duke v. StateCourt of Appeals of Georgia · 1961
- Campbell v. StateSupreme Court of Georgia · 1924
7 more not listed; retrieve them via the Exa API.