Dixon v. State
Court of Appeals of Georgia
Indictment for murder—conviction of manslaughter; from Johnson superior court—Judge Rawlings. December 18, 1911.
1Opinion of the CourtRussell, J.
1. The court did not err in allowing the State to withdraw its election to try first one jointly indicted with the plaintiff in error, and to put the latter on trial first. Though defendants jointly indicted have the right to sever for trial, and the State may elect which defendant shall be first tried, the election on the part of the State is not final, especially when it is not made to appear that the rights of the accused were prejudiced by the State’s determination to try one of the defendants before the other.
2. Only when expressly provided by law can the privilege of a witness resist…
2Cases cited2 opinions
- Cumming v. StateSupreme Court of Georgia · 1896
- Rossi v. StateCourt of Appeals of Georgia · 1910
3Cited by24 opinions
- Logan v. Chatham CountyCourt of Appeals of Georgia · 1966
- Morton v. StateSupreme Court of Georgia · 1940
- Walters v. StateCourt of Appeals of Georgia · 1973
- Elliott v. Georgia Power Co.Court of Appeals of Georgia · 1938
- Walker v. StateCourt of Appeals of Georgia · 1974
19 more not listed; retrieve them via the Exa API.