Legal Opinion

Hewell v. State

Court of Appeals of Georgia

Decided September 9, 1976No. 52413PublishedCited by 5 opinions

1Opinion of the Court

McMurray, Judge.

Following the reversal of the judgment (conviction and sentence) in the first trial of this burglary case (Hewell v. State, 136 Ga. App. 420 (221 SE2d 219)), defendant was again tried, convicted and sentenced to serve a term of 10 years, consecutively to another sentence in the Superior Court of Clarke County. Defendant appeals. Held:

1. The first trial of this case was set aside (see Hewell v. State, supra) because a missing witness (the victim) was not proven to be inaccessible, and it was therefore error to allow the use of previously transcribed testimony against the…

2Cases cited11 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Burns v. StateSupreme Court of Georgia · 1940
  3. Estill v. Citizens & Southern BankSupreme Court of Georgia · 1922
  4. Smith v. StateSupreme Court of Georgia · 1918
  5. Anthony v. HopperSupreme Court of Georgia · 1975

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hewell v. StateSupreme Court of Georgia · 1977
  2. Cline v. StateCourt of Appeals of Georgia · 1986
  3. Clay v. StateSupreme Court of Georgia · 1977
  4. Newton v. StateCourt of Appeals of Georgia · 1980
  5. Hewell v. StateCourt of Appeals of Georgia · 1977

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