Mitchell v. State
Supreme Court of Georgia
Murder, from Walker Superior Court. Tried before J udge Brown, at November Term, 1856. William Mitchell was indicted and put upon his trial for the murder of John S. Cole. Defendant was asked if he was ready for trial. His counsel answered that he was not, on account of the absence of a material witness, Sarah Cope, who resided out of the county about twenty miles distant.
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Murder, from Walker Superior Court. Tried before J udge Brown, at November Term, 1856. William Mitchell was indicted and put upon his trial for the murder of John S. Cole. Defendant was asked if he was ready for trial. His counsel answered that he was not, on account of the absence of a material witness, Sarah Cope, who resided out of the county about twenty miles distant. Upon this showing the presiding Judge refused to allow a continuance, but sent an officer for the witness, who had been subpoenaed. Counsel for prisoner requested the Court to insert in the order which he issued for Sarah…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The first objection in this case is, that the presiding Judge made out, himself, the bill of exceptions.
It is certainly the privilege of the party who complains of the judgment in the Court below, to make out and present to the Judge, who presided in the cause, his bill of exceptions. *230If it be consistent with what transpired in the cause, in otilar words, if it contains the truth, the whole truth and nothing ■ but the truth ; and all the evidence material to a clear un- - derstanding of the error complained of, it is the duty of the - Judge…
2Cases cited1 opinion
- Keener v. StateSupreme Court of Georgia · 1855
3Cited by21 opinions
- Tucker v. State Ex Rel. JohnsonCourt of Appeals of Maryland · 1899
- Bearden v. StateCourt of Appeals of Georgia · 1981
- Taylor v. StateSupreme Court of Florida · 1905
- Foster v. CommonwealthCourt of Appeals of Virginia · 1991
- Pedigo v. Celanese Corp. of AmericaSupreme Court of Georgia · 1949
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