Poppell v. State
Supreme Court of Georgia
Criminal .Law. Charge of Court. Continuance. Before Judge Adams. Liberty Superior Court. May Term, 1883. Poppell was indicted for assault and battery. When his case was called, neither of his two counsel were present, and defendant employed a third, who moved for a continuance or postponement until the next day, because of his recent employment and want of preparation, and because the defendant relied on his original counsel being present. This motion was overruled.
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Criminal .Law. Charge of Court. Continuance. Before Judge Adams. Liberty Superior Court. May Term, 1883. Poppell was indicted for assault and battery. When his case was called, neither of his two counsel were present, and defendant employed a third, who moved for a continuance or postponement until the next day, because of his recent employment and want of preparation, and because the defendant relied on his original counsel being present. This motion was overruled. The evidence showed that Walter Baxter, who was a school-boy, went to the well to get some water, and unintentionally spat upon…
1Opinion of the Court
Hall, Justice.
1. There was no error in charging the jury that the defendant in every criminal case had the right to make his statement, and that they could give it whatever weight they thought it entitled to ; they might believe it in pref: erence to the sworn testimony, or might disbelieve it. This charge is almost in the very language of the statute. Code, §4637. Nor was there any error in reminding the jury that this statement was not made under oath, and that the defendant incurred no penalty for not speaking the truth. The statute expressly provides that the statement is not to be made…
2Cases cited1 opinion
- Allen v. StateSupreme Court of Georgia · 1851
3Cited by16 opinions
- Ferguson v. GeorgiaSupreme Court of the United States · 1961
- Cotton States Life Insurance v. EdwardsSupreme Court of Georgia · 1884
- McLendon v. StateCourt of Appeals of Georgia · 1971
- Underwood v. StateSupreme Court of Georgia · 1891
- James v. StateSupreme Court of Georgia · 1920
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