Cogswell v. Schley
Supreme Court of Georgia
Mandamus. Superior Court. Adjournment. Criminal law. Practice. Before the Supreme Court. July Term, 1873. For the facts of this case, see the opinion.
1Opinion of the Court
McCay, Judge.
This was an application for a mandamus to compel the Judge of the Superior Court of Chatham county to certify a bill of exceptions.
It appears that Cogswell had been sentenced to be hanged ; that the sentence had been superseded by motion for a new trial, which new trial was finally refused; that before the final judgment, the day fixed in the sentence for the execution had passed. A habeas corpus was sued out by the Solicitor General, under section 4574 of Irwin’s Revised Code, and Cogs-well brought before the Judge to be resentenced. His counsel objected that the Superior Court…
2Cited by4 opinions
- Allen v. StateSupreme Court of Georgia · 1885
- Mallory v. ChapmanSupreme Court of Georgia · 1924
- Gore v. HumphriesSupreme Court of Georgia · 1926
- Bloodworth v. StateSupreme Court of Georgia · 1925