Cogswell v. State
Supreme Court of Georgia
Criminal law. Continuance. New trial. Jury. Arraignment. Practice in the Superior Court. Mitchell Cogswell was placed upon trial for the offense of murder, alleged to have been committed upon the person of one Derry Womack, on January 9th, 1872. The jury returned a verdict of “guilty,” whereupon the defendant moved for a new trial upon the following grounds: 1st. Because the Court erred in refusing to continue the case on account of the absence of Joe Hunter, a material…
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Criminal law. Continuance. New trial. Jury. Arraignment. Practice in the Superior Court. Mitchell Cogswell was placed upon trial for the offense of murder, alleged to have been committed upon the person of one Derry Womack, on January 9th, 1872. The jury returned a verdict of “guilty,” whereupon the defendant moved for a new trial upon the following grounds: 1st. Because the Court erred in refusing to continue the case on account of the absence of Joe Hunter, a material witness for the defendant. 2d. Because one of the jurors, to-wit: Patrick Whelan, was at times, asleep during the trial,…
1Opinion of the Court
McCay, Judge.
1. It would be a very dangerous precedent if we were to interfere with the judgment of the Circuit Judge in refusing this continuance. It does not appear that the witness was subpoenaed. Nor is it set forth what he would testify. The statement in the application that the Avitness is material is insufficient. The facts he would testify to ought to appear, that the Court may judge of the materiality. Nor does it appear why he was not subpoenaed, or Avhose fault it was. That a subpoena has been issued is not enough. Who undertook to serve it ? We do not know. It may have been the…
2Cited by19 opinions
- Hayes v. StateSupreme Court of Georgia · 1877
- Styles v. StateSupreme Court of Georgia · 1907
- Lyman v. StateSupreme Court of Georgia · 1882
- Washington v. StateSupreme Court of Georgia · 1905
- Osmun v. WintersOregon Supreme Court · 1896
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