Roberts v. State
Supreme Court of Georgia
Indictment for Burglary, in Monroe Superior Court. Tried before Judge Stark, March Term, 1853. The defendant in this case being arraigned, and having pleaded not guilty, moved for a continuance on the following grounds: 1st. That by reason of his close confinement in jail since his arrest, (a space of five months) and his inability to employ counsel, he had been unable to prepare his defence. 2nd.
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Indictment for Burglary, in Monroe Superior Court. Tried before Judge Stark, March Term, 1853. The defendant in this case being arraigned, and having pleaded not guilty, moved for a continuance on the following grounds: 1st. That by reason of his close confinement in jail since his arrest, (a space of five months) and his inability to employ counsel, he had been unable to prepare his defence. 2nd. That he had not known until the finding of the bill at the present term, for what offence he would be indicted. 3rd. That he desired to procure the testimony of certain persons residing in Ohio, to…
1Opinion of the Court
By the Court.
Starnes, J,
delivering the opinion,
[1.] The assignments of error in this case are based upon the refusal of the Court below of a motion for continuance; and for the reasons which we give, when considering the motion for continuance, in the case of Ezekiel A. Roberts and Gideon Copenhaven vs. the State, arising out of an indictment for robbery, decided at this term*, we think the judgment of the Court was correct in this case, and accordingly we affirm it.
Note,— Next case.
2Cited by4 opinions
- Well v. StateSupreme Court of Georgia · 1954
- Griffin v. StateSupreme Court of Georgia · 1952
- Blackston v. StateSupreme Court of Georgia · 1952
- Hewitt v. StateCourt of Appeals of Georgia · 1921