Legal Opinion

Newsome v. State

Supreme Court of Georgia

Decided August 15, 1878PublishedCited by 9 opinions

Criminal law. Continuance. Evidence. Before Judge Crisr. Lee Superior Court. March Term, 1878. Newsome was placed on trial for carrying concealed weapons. He pleaded not guilty.

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Criminal law. Continuance. Evidence. Before Judge Crisr. Lee Superior Court. March Term, 1878. Newsome was placed on trial for carrying concealed weapons. He pleaded not guilty. Baley testified that in November, 1876, he arrested defendant on Green’s plantation; that after a few minutes conversation with one Glaze, he left with his prisoner; that after taking him a quarter of a mile from place of arrest, witness asked him if he had a pistol, when he drew one from his pocket; that the pistol had been concealed prior to this time. Two witnesses for the defendant testified that he was carrying…

1Opinion of the Court

Bleckley, Justice.

1. Irrespective of the counter-showing made by the state, the prisoner’s showing for a continuance was insufficient. It did not state that the application was not made for delay, and that statement was requisite to complete it. Code, §3522. Yery likely the omission was intentional, for the counter-showing is strongly suggestive that the application was for delay only.

2. The witnesses for the defendant made no impression whatever on the state’s case. They did not touch it. At the time of his arrest, and for some days previously, the defendant carried his pistol openly and…

2Cited by9 opinions

  1. Cobb v. StateSupreme Court of Georgia · 1900
  2. Sutton v. StateCourt of Appeals of Georgia · 1944
  3. McKenzie v. StateCourt of Appeals of Georgia · 1945
  4. City of Atlanta v. GuiceCourt of Appeals of Georgia · 1930
  5. Brinson Railway Co. v. BeardCourt of Appeals of Georgia · 1912

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