Kerese v. State
Supreme Court of Georgia
Three indictments in Dooly Superior Court. Decision by Judge Warren, May Term, 1851. Heard together in this Court, by consent. George W. Kerese was arraigned on three several indictments in Dooly Superior Court — two for simple larceny, and one for, an attempt to commit a burglary; and at November Term, 1850, demanded a trial on each, in terms of the Statute in such cases made and provided, which demand was entered on the minutes.
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Three indictments in Dooly Superior Court. Decision by Judge Warren, May Term, 1851. Heard together in this Court, by consent. George W. Kerese was arraigned on three several indictments in Dooly Superior Court — two for simple larceny, and one for, an attempt to commit a burglary; and at November Term, 1850, demanded a trial on each, in terms of the Statute in such cases made and provided, which demand was entered on the minutes. At May Term, 1851, he again demanded a trial on each, which being denied him by his counsel, he moved for an order of discharge. The Court refused the order, on the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The plaintiff in error was entitled to a discharge. No law in the Digest is plainer than the Penal Code upon this subject, and we could sustain the judgment of the Court below, only by judicial legislation. The Code declares-that a demand for atrial being entered on the minutes, if the demandant “ shall not be tried at the term when the demand is made, or at the next succeeding term thereafter, provided, that at both terms there were Juries- impanelled and qualified to try him, then he or she shall be absolutely discharged and acquitted of…
2Cited by14 opinions
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- Henry v. JamesSupreme Court of Georgia · 1994
- Dublin v. StateSupreme Court of Georgia · 1906
- Hunley v. StateSupreme Court of Georgia · 1898
- Dickerson v. StateCourt of Appeals of Georgia · 1963
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