Betts v. State
Supreme Court of Georgia
Criminal law. Continuance. Evidence. Witness. Practice in the Superior Court. Indictment. Jurors. Before Judge Hillyer. Clayton Superior Court. September Adjourned Term, 1880. Betts was indicted for the murder of H„ J. Moore. Upon the call of the case he moved for a continuance, which was refused.
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Criminal law. Continuance. Evidence. Witness. Practice in the Superior Court. Indictment. Jurors. Before Judge Hillyer. Clayton Superior Court. September Adjourned Term, 1880. Betts was indicted for the murder of H„ J. Moore. Upon the call of the case he moved for a continuance, which was refused. He then pleaded in abatement that the foreman.of the grand jury who found the true bill had been a member of the coroner’s jury who found that Moore came to his death at the hands of this defendant, and that the killing was murder. The plea was overruled and the case proceeded to trial. The evidence…
1Opinion of the Court
Speer, Justice.
Thomas Betts was, at the September adjourned term, 1880, of Clayton superior court, indicted for the offense of murder.
The. indictment charged him with having, on the first of November, 1880, with a large maul and other instruments likely to produce death, killed and murdered one Hilliard J. Moore, in said county. '
When the case was called for trial the prisoner made a motion to continue his case for the absence of Leonard *511King, Colley Freeman, Annie Smith and Kittie Smith, all of whom resided out of Clayton county, and made a showing what he expected to prove by said absent…
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