Gaulden v. State
Supreme Court of Georgia
Motion, in Bryan Superior Court. Decision by Judge H. R. Jackson, December Term, 1851. The case of the State vs. James Cody and Patrick Cody, for a misdemeanor, being called up for trial, Wm.
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Motion, in Bryan Superior Court. Decision by Judge H. R. Jackson, December Term, 1851. The case of the State vs. James Cody and Patrick Cody, for a misdemeanor, being called up for trial, Wm. B. Gaulden appeared as one of the counsel for defendants, and requested his name to be marked on the docket; when counsel for the State objected, upon the ground that said Gaulden, at the previous April Term, (being then the Solicitor General of the district,) drafted the indictment upon which the issue for trial was formed; that he consulted with the assistant counsel, and was cognizant of the facts of…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The question made in this case is, whether a Solicitor Gen-feral who, in his official capacity, has drawn an indictment against a defendant or defendants, and prosecuted the same, as j counsel for the State, can be permitted, after the expiration of his term of office, to take a fee from the defendant or defendants, in such indictment, and appear as his or their counsel, for the purpose of defending him or them, on the trial, for 'the accusation ' contained therein ? The practice in most of the Circuits of this State, so far as we know or…
2Cited by23 opinions
- People v. GeroldIllinois Supreme Court · 1914
- Clifton v. StateSupreme Court of Georgia · 1939
- In re CowderyCalifornia Supreme Court · 1886
- Steeley v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Brown v. MillerDistrict Court, District of Columbia · 1923
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