Lester v. State
Supreme Court of Georgia
Motion for bail, in Dougherty Superior Court. Decided by Judge Allen, at December Term, 1861. John W. Lester stood indicted in Dougherty Superior Court for the murder of Albert G. Owen. He was arrested under the charge on the 27th of June, 1861, and had been confined in jail ever since that time.
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Motion for bail, in Dougherty Superior Court. Decided by Judge Allen, at December Term, 1861. John W. Lester stood indicted in Dougherty Superior Court for the murder of Albert G. Owen. He was arrested under the charge on the 27th of June, 1861, and had been confined in jail ever since that time. At the December Term, 1861, he was put upon his trial for the offence, and the jury failing to agree upon a verdict, after deliberating for about thirty-eight hours, were discharged, and a new trial declared by the presiding Judge. Counsel for the defendant then moved the Court to admit said…
1Opinion of the Court
By the Court —
Lyon, J., delivering the opinion.
The granting or refusal of bail in criminal cases is a matter resting in the sound discretion of the Court, to be exercised or not, according to the facts of each particular case. Corbitt vs. the State, 24th Georgia Report, 392. Before this Court *194will interfere to control the judgment of the Court below in a matter resting solely in its discretion, it must be made to appear, that it has been exercised in an arbitrary, unjust and oppressive manner. In other words, that such discretion has been flagrantly abused. Loyless vs. Harrell, 15th Georgia…
2Cited by10 opinions
- Reid v. PerkersonSupreme Court of Georgia · 1950
- Jernagin v. StateSupreme Court of Georgia · 1903
- Bishop v. WilbanksSupreme Court of Georgia · 1925
- Ex Parte WatsonCourt of Criminal Appeals of Oklahoma · 1909
- Newsome v. ScottSupreme Court of Georgia · 1921
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