Dacy v. State
Supreme Court of Georgia
Indictment for misdemeanor, in Bibb Superior Court-Tried before Judge Powers, November Term, 1854. This was an indictment for receiving corn from a slave,, charged in the indictment to have been committed on the 1st May, 1852. When the case was called for trial, defendant moved a continuance, on the ground of the absence of certain witnesses, by whom be expected an alibi on the day named in the indictment. The Sol.
Read the full summary
Indictment for misdemeanor, in Bibb Superior Court-Tried before Judge Powers, November Term, 1854. This was an indictment for receiving corn from a slave,, charged in the indictment to have been committed on the 1st May, 1852. When the case was called for trial, defendant moved a continuance, on the ground of the absence of certain witnesses, by whom be expected an alibi on the day named in the indictment. The Sol. Gen’l. stating, that he did not expect to prove the of-fence on that day, the Court refused the continuance; and this decision is assigned as error. The defendant’s Counsel then…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The Court was right in refusing to continue the case. The defendant proposed to prove an alibi by the witnesses who were absent; that is, that on the 1st day of May, 1852, the time stated in the presentment, when the offence was committed, he was absent from home during the whole day. To this, the Solicitor General replied, that he did not expect to show that the misdemeanor was committed on the 1st, but on a subsequent day in May.
[2.] This he was entitled to do, as the time need not be proved as laid, unless where it is of the essence of…
2Cited by8 opinions
- Caldwell v. StateCourt of Appeals of Georgia · 1976
- Head v. StateCourt of Appeals of Georgia · 1943
- Adkins v. StateSupreme Court of Georgia · 1897
- Commonwealth v. MontrossSuperior Court of Pennsylvania · 1898
- Paulk v. StateCourt of Appeals of Georgia · 1909
3 more not listed; retrieve them via the Exa API.