Butler v. State
Supreme Court of Georgia
Accusation of carrying concealed weapon. Before Judge Williamson. Oity court of Monroe county. October term, 1895. After conviction, defendant moved for a new trial on tlie ground, among others, that tbe court erred in not allowing him to withdraw his waiver of indictment and his waiver of trial by jury.
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Accusation of carrying concealed weapon. Before Judge Williamson. Oity court of Monroe county. October term, 1895. After conviction, defendant moved for a new trial on tlie ground, among others, that tbe court erred in not allowing him to withdraw his waiver of indictment and his waiver of trial by jury. The accusation was drawn on the 5th of October, defendant being in court. líe had no counsel at the time; the court offered to appoint him counsel, which he refused; and upon being asked the usual questions, in reference to whether he demanded indictment and trial by jury, he answered…
1Opinion of the CourtAtkinson, J.
1. Where, upon, being arraigned on an accusation in a city court, the accused waived being indicted by the grand jury, he cannot thereafter in that court withdraw this waiver, but must go to trial upon the accusation.
2. Although when such case was first called the accused declined to have counsel appointed to defend him and also waived his right to be tried by a jury, the court could, with propriety, upon a subsequent day appoint counsel for the accused; and when this was done, and such counsel promptly moved to withdraw the previous waiver of trial by jury, the motion should have been…
2Cases cited1 opinion
- Brown v. StateSupreme Court of Georgia · 1892
3Cited by8 opinions
- People v. MeltonCalifornia Court of Appeal · 1954
- State v. JonesCourt of Appeals of Maryland · 1973
- State v. RankinSupreme Court of Connecticut · 1925
- Stevenson v. StateIndiana Court of Appeals · 1975
- Cain v. StateSupreme Court of Georgia · 1897
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