Legal Opinion

Cruce v. State

Supreme Court of Georgia

Decided August 15, 1877PublishedCited by 13 opinions

Criminal law. Continuance. Jury. Severance. Practice in the Superior Court. Argument. Yerdict. Before Judge Lester. Cherokee Superior Court, February Term, 1877. For the facts, see the opinions.

1Opinion of the Court

Bleckley, Judge.

1. The showing for continuance was hardly sufficient in respect to the element of diligence. There was no abuse of discretion in denying the continuance.

2. Did the court commit material error in reference to the right of peremptory challenge ? It is necessary, in the first instance, to ascertain whether the presiding judge did, in fact, make any decision to the effect that the prisoners, both together, were entitled to but twenty challenges, and that each severally was not entitled to that number. The bill of exceptions states, that after the panel was put upon the prisoners,…

2Cases cited6 opinions

  1. United States v. MarchantSupreme Court of the United States · 1827
  2. Brister v. StateSupreme Court of Alabama · 1855
  3. Stewart v. StateSupreme Court of Georgia · 1877
  4. Cobb v. StateSupreme Court of Georgia · 1859
  5. Maton v. PeopleIllinois Supreme Court · 1854

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

3Cited by13 opinions

  1. Rawlins v. StateSupreme Court of Georgia · 1905
  2. Lackey v. StateSupreme Court of Georgia · 1980
  3. Cumming v. StateSupreme Court of Georgia · 1896
  4. Kerley v. StateCourt of Criminal Appeals of Texas · 1921
  5. State v. RobertsWest Virginia Supreme Court · 1901

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

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