Denny v. State
Supreme Court of Georgia
Motion, decided by Judge Wright, in Lumpkin Superior Court, March Term, 1849. At the March Term, 1847, of Lumpkin Superior Court, an indictment was found against the plaintiff in error, Ehood Denny, for cheating and swindling. At the March Term, 1848, a demand was entered on the minutes for a trial on bebalf of the defendant, and an order passed, that “he be tried at the next term, or be discharged.” At September Term, 1848, no entry was made on the minutes or the docket.
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Motion, decided by Judge Wright, in Lumpkin Superior Court, March Term, 1849. At the March Term, 1847, of Lumpkin Superior Court, an indictment was found against the plaintiff in error, Ehood Denny, for cheating and swindling. At the March Term, 1848, a demand was entered on the minutes for a trial on bebalf of the defendant, and an order passed, that “he be tried at the next term, or be discharged.” At September Term, 1848, no entry was made on the minutes or the docket. At March Term, 1849, when the case was called, Denny announced himself ready for trial, and the Solicitor General having…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion,
[1.] We are very clear that the defendant in this case was entitled to a discharge. The 14th section of the 14th division of the Penal Code, is in the following words : “ Any person against whom a true bill of indictment is found, for an offence not affecting his or her life, may demand a trial at the term when the indictment is found, or at the next succeeding term thereafter, which demand shall be placed upon the minutes of the Court; and if such person shall not be tried at the term when the demand is made, or at the next succeeding term…
2Cited by13 opinions
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- Dublin v. StateSupreme Court of Georgia · 1906
- Hunley v. StateSupreme Court of Georgia · 1898
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