New v. State
Court of Appeals of Georgia
Indictment for robbery; from Gwinnett superior court — Judge Cobb. March 2, 1920. Application for certiorari was denied by the Supreme Court.
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Indictment for robbery; from Gwinnett superior court — Judge Cobb. March 2, 1920. Application for certiorari was denied by the Supreme Court. The testimony of Webb as to the proposal of the defendant New to the witness to join in robbing the bank at Lawrenceville, and their trip to Lawrenceville for that purpose on the day preceding the alleged robbery at Duluth, was admitted over the objection that it related to a different transaction from the one charged in the indictment, and was irrelevant, immaterial, and prejudicial to the defendant. In the motion for a new trial it is contended that “…
1Opinion of the CourtBroyles, C. J.
1. Continuances for the absence of counsel are not favored. A strict showing is required, especially where competent counsel other than the absent counsel has been secured and it is not shown that the defendant was injured by the absence of' his original or leading counsel. The discretion of the judge in refusing to continue a case on the ground of providential absence, on account of sickness, of the defendant’s leading counsel will not be controlled, when the record discloses that there was much evidence pro and con as to whether the absent counsel was really unable to attend court and what…
2Cases cited13 opinions
- Frank v. StateSupreme Court of Georgia · 1914
- Lee v. StateCourt of Appeals of Georgia · 1910
- McLean v. MannSupreme Court of Georgia · 1918
- Davis v. StateCourt of Appeals of Georgia · 1920
- Curry v. StateCourt of Appeals of Georgia · 1915
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3Cited by4 opinions
- Ocilla Southern Railroad v. McInvaleCourt of Appeals of Georgia · 1920
- Parker v. StateCourt of Appeals of Georgia · 1952
- Caswell v. StateCourt of Appeals of Georgia · 1921
- Jabaley v. StateCourt of Appeals of Georgia · 1920