Legal Opinion

Chance v. State

Supreme Court of Georgia

Decided October 21, 1895PublishedCited by 4 opinions

Indictment for trespass. Before Judge Brown. City •court of Carroll county. June term, 1895. After conviction, defendant’s motion for new trial was •overruled. The material ground of the motion is, that the court erred in refusing to allow counsel additional time for argument, they stating in their place, before argument commenced, that they could not do justice to their client in thirty minutes, and asking for that much additional time.

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Indictment for trespass. Before Judge Brown. City •court of Carroll county. June term, 1895. After conviction, defendant’s motion for new trial was •overruled. The material ground of the motion is, that the court erred in refusing to allow counsel additional time for argument, they stating in their place, before argument commenced, that they could not do justice to their client in thirty minutes, and asking for that much additional time. The judge states, in a note to this ground, that the counsel ■argued the case to the jury for ten minutes longer than the time allowed by the rules of court.

1Opinion of the CourtSimmons, C. J.

The rules of the superior court being applicable in city courts established under the act of October 19, 1891, which was amended by the act of December 23,1892, it was error, upon the trial of a misdemeanor in the city court of Carroll. county, for the presiding judge to refuse to allow counsel for the accused one hour in which to argue the case to the jury, such counsel having fully complied with the requirements of rule six in asking for the additional time desired.

Judgment reversed.

2Cited by4 opinions

  1. Crudup v. State of GeorgiaCourt of Appeals of Georgia · 1962
  2. Jones v. StateSupreme Court of Georgia · 1905
  3. Quinlan v. StateCourt of Appeals of Georgia · 1913
  4. Crudup v. State of GeorgiaCourt of Appeals of Georgia · 1962