Legal Opinion

Cason v. State

Court of Appeals of Georgia

Decided April 12, 1919No. 10267PublishedCited by 2 opinions

Indictment for assault with intent to murder; from Charlton superior court—Judge Summerall. September 25, 1918.

1Opinion of the CourtBroyles, P. J.

1. The defendant’s motion for a continuance of the

ease, based upon the absence of two witnesses, did not show that he expected to be able to have the testimony of the witnesses at the next term of court. Moreover,’as shown by the special ground of the motion for a new trial, complaining of the overruling of the motion- for a continuance, both witnesses resided in the state of Florida. Under these circumstances, the court did not err in overruling the motion. Penal Code (1910), § 987; Boyd v. State, 17 Ga. App. 162 (86 S. E. 411); Woolfolk v. State, 85 Ga. 69 (4) (11 S. E. 814); Owins v.…

2Cases cited6 opinions

  1. Woolfolk v. StateSupreme Court of Georgia · 1890
  2. Deal v. StateSupreme Court of Georgia · 1916
  3. Minder v. StateSupreme Court of Georgia · 1901
  4. Britt v. StateSupreme Court of Georgia · 1901
  5. Boyd v. StateCourt of Appeals of Georgia · 1915

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3Cited by2 opinions

  1. Finch v. StateCourt of Appeals of Georgia · 1960
  2. Thornton v. StateCourt of Appeals of Georgia · 1926

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