Bonner v. State
Supreme Court of Georgia
Criminal Law. Practice in the Superior Court. Before Judge Willis. Muscogee Superior Court. May Term, 1881. The plaintiff in error was indicted for the murder of Dennis Grannison. There were two counts in the bill of indictment. One, for causing death from a blow with a brick, the other, for throwing deceased into the water and drowning him. The plea was not guilty. The verdict was guilty of voluntary manslaughter.
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Criminal Law. Practice in the Superior Court. Before Judge Willis. Muscogee Superior Court. May Term, 1881. The plaintiff in error was indicted for the murder of Dennis Grannison. There were two counts in the bill of indictment. One, for causing death from a blow with a brick, the other, for throwing deceased into the water and drowning him. The plea was not guilty. The verdict was guilty of voluntary manslaughter. The plaintiff in error made a motion for a new trial; the motion was refused, and he excepted.
1Opinion of the Court
JACKSON, Chief Justice.
Without scanning this entire record,' we are of the opinion that a new trial must be granted, on the ground that the court erred in recalling the jury and recharging them at their request, in the absence of .the. defendant, who was at the time in custody and confinement, though his counsel were present, but silent.
The presence of the prisoner is necessary to Fis.legal trial from the beginning to the end of that trial before the jury. 12 Ga., 25. And such was the rule and practice at common law. Wharton’s Crim. Plead, and Prac., 540 a, 545, 546, 549, 550.
Counsel for, the…
2Cases cited1 opinion
- Wade v. StateSupreme Court of Georgia · 1852
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