Johnson v. State
Supreme Court of Georgia
Criminal law. Continuance. Pleadings. Constitutional law. Jurors. Evidence.- Res gestes. New trial. Before Judge HlLLYER. Clayton Superior Court. September Term, 1879. On September 18th, 1878, Mrs. Farmer was murdered, and an assault committed on her daughter, Miss Farmer, which came near resulting in another murder. Neighbors discovered the Farmer house to be on fire, and on going thither and extinguishing the flames, Mrs. Farmer was found murdered.
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Criminal law. Continuance. Pleadings. Constitutional law. Jurors. Evidence.- Res gestes. New trial. Before Judge HlLLYER. Clayton Superior Court. September Term, 1879. On September 18th, 1878, Mrs. Farmer was murdered, and an assault committed on her daughter, Miss Farmer, which came near resulting in another murder. Neighbors discovered the Farmer house to be on fire, and on going thither and extinguishing the flames, Mrs. Farmer was found murdered. On search being made, Miss Farmer was found about a hundred yards distant from the house badly injured. She had been struck on the head with…
1Opinion of the Court
Jackson, Justice.
The verdict in this case was guilty, a motion was made íor a new trial, which was overruled, and the defendant excepted.
1. The first ground is that the court erred in overruling the defendant’s motion to continue. Motions to continue are left in the discretion of the superior court to a great extent, and must be so left from the very nature of the business—the witnesses sworn, the defendant’s manner, and all the circumstances of a nisi prius trial. The presiding judge can decide such matters much more satisfactorily and justly than we can, and therefore this court rarely…
2Cases cited2 opinions
- Monday v. StateSupreme Court of Georgia · 1861
- Crocker v. StateSupreme Court of Georgia · 1873
3Cited by16 opinions
- Harris v. StateSupreme Court of Georgia · 1941
- Gully v. StateSupreme Court of Georgia · 1902
- Woolfolk v. StateSupreme Court of Georgia · 1890
- Miller v. StateWisconsin Supreme Court · 1909
- Seymour v. CommonwealthSupreme Court of Virginia · 1922
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