Thomas v. State
Supreme Court of Georgia
Murder, from Lee county. Tried before Judge Allen, January, 1858. Thomas Thomas, the plaintiff in error, was indicted for the murder of Joseph Gross. HA was tried at the January adjourned Term, of Lee Superior Court, and convicted. Whereupon his counsel moved for a new trial, upon the following grounds.
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Murder, from Lee county. Tried before Judge Allen, January, 1858. Thomas Thomas, the plaintiff in error, was indicted for the murder of Joseph Gross. HA was tried at the January adjourned Term, of Lee Superior Court, and convicted. Whereupon his counsel moved for a new trial, upon the following grounds. Grounds for New Trial. 1st. Because the Court refused the motion for a continuance, based . upon the grounds of great public excitement against the prisoner, the homicide having been committed on the 5th of December, 1857, and that prisoner having been confined iu jail, had no opportunity to…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The defendant being convicted of murder moved for anew trial on twenty-seven grounds. Iiis application being refused he prosecutes his writ of error to this Court, to reverse the judgment.
[1.] There was a motion made to continue the cause, and we infer, for the record is somewhat obscure upon this point, that it embraced two grounds, to wit: 1st. The popular excitement preventing the prisoner from having a fair trial; and 2d. The absence of witnesses. Pending the motion the witnesses came in ; and there seems to have been no formal decision by…
2Cited by19 opinions
- Jarrell v. StateSupreme Court of Georgia · 1975
- Ruffin v. StateSupreme Court of Georgia · 1979
- Warrick v. StateSupreme Court of Georgia · 1906
- Keller v. StateSupreme Court of Georgia · 1897
- Moon v. StateSupreme Court of Georgia · 1882
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