Allen v. State
Supreme Court of Georgia
Indictment for simple larceny, in Stewart Superior Court. Tried before Judge Iverson, May Term, 1851. When this cause was called for trial, the plaintiff in error moved for a continuance, on the following grounds : 1st. That he had employed as his attorney for his defence in said cause, Charles J. McDonald, Esq. and that his said counsel was absent, without his leave or consent. 2d.
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Indictment for simple larceny, in Stewart Superior Court. Tried before Judge Iverson, May Term, 1851. When this cause was called for trial, the plaintiff in error moved for a continuance, on the following grounds : 1st. That he had employed as his attorney for his defence in said cause, Charles J. McDonald, Esq. and that his said counsel was absent, without his leave or consent. 2d. That said bill of indictment had been found true at that term of the Court, and that he had not had time to subpoena witnesses. 3d. That Hardy Bryan was a material witness for him, and that said Bryan lived in the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Did the Judge err, in overruling the application for a continuance in this case ?
In determining this question, it may be urged on the one side, that if persons are permitted to postpone their trials on slight grounds, that but few criminals will be brought to justice. To say nothing of other casualties and chances, the jails in many of the Counties are so insecure that with the assistance of confederates from without, many effect their escape, and thus elude the criminal justice of the country. Besides, as the Courts are held only twice in the…
2Cases cited1 opinion
- State of Rhode Island v. State of MassachusettsSupreme Court of the United States · 1837
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- John Turner v. United StatesCourt of Appeals for the Sixth Circuit · 2018
- Stevens v. StateCourt of Appeals of Georgia · 1934
- Poppell v. StateSupreme Court of Georgia · 1883
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