Harris v. State

I respectfully dissent.

1. In his first enumeration of error, Harris argues he was denied his right to compulsory process under the Georgia Constitution. Art. I, Sec. I, Par. XIV guarantees a criminal defendant the right to “compulsory process to obtain the testimony of that person’s own witnesses.” Yet the trial court below refused to have the sheriff serve Harris’ subpoenas on the grounds that Harris did not articulate to its satisfaction the materiality of the testimony anticipated from each witness. The trial court’s post-trial finding that Harris refused to identify the names and…