Bacon v. State

Deen, Presiding Judge.

We held in Spillers v. State, 145 Ga. App. 809, that where a public defender is appointed for a defendant and given only a half day to prepare for trial, due to no fault of the defendant, the attorney’s motion for a continuance should be granted. The special concurrence of Judge Banke in that case, herein adopted, is to the effect that if the fault in nonrepresentation lies with the defendant in failing to obtain or in firing an attorney at the last minute, this rule will not apply. In the present case, the facts are very skimpily set forth. It is obvious that the case…