Hall v. State
Supreme Court of Georgia
Indictment for Larceny, in Sumter Superior Court. Before Allen, Judge, October Term 1856. The only question in this case, is one of criminal practice. The case having been called iii its order and the defendant failing to appear, an order was taken to forfeit his bond for appearance : afterwards and during the same term of the Court, defendant appeared and made a demand for trial and moved that the same be entered on the minutes of the Court.
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Indictment for Larceny, in Sumter Superior Court. Before Allen, Judge, October Term 1856. The only question in this case, is one of criminal practice. The case having been called iii its order and the defendant failing to appear, an order was taken to forfeit his bond for appearance : afterwards and during the same term of the Court, defendant appeared and made a demand for trial and moved that the same be entered on the minutes of the Court. The. presiding Judge refused the motion, upon the ground, that the case having been called in its order and the bond forfeited, it was too late for…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The bill of exceptions in this case was certified, under the old law and contained no mandate to the Clerk, as required *149by the late act. In Webb, vs. Hicks, decided at this place, June 1856, this Court held, that the defect was fatal and incurable, and dismissed the case. We see no reason, to change that opinion. This is no writ of error, as prescribed by the last Legislature. And it is upon a writ of error alone, that causes can be heard, under the Constitution, in this Court.— Formerly, the mandate to the Court below, emanated from this Court:…
2Cited by2 opinions
- Odom v. StateCourt of Appeals of Georgia · 1920
- Woodall v. StateCourt of Appeals of Georgia · 1920