Bird v. State
Supreme Court of Georgia
Criminal law. Practice. Indictment. Pleading. "Witness. Charge of Court. Before Judge James Johnson. Muscogee Superior Court.
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Criminal law. Practice. Indictment. Pleading. "Witness. Charge of Court. Before Judge James Johnson. Muscogee Superior Court. November Term, 1873. Thomas Bird was placed on trial for the offense of burglary, alleged to have been committed by breaking and entering the store-house of one R. G. Johnson, on September 13th, 1873' The defendant pleaded specially as follows: 1st. The names of the witnesses M. W. Murphy, Jim Roberts, F. J. Johnson and R. J. Johnson are the only ones indorsed on the indictment, and none of them testified before the grand jury which found the bill. 2d. The witnesses,…
1Opinion of the Court
Trippe, Judge.
1. In Dean vs. The State, 43 Georgia, 218, it was held that the constitutional provision, that defendants in criminal cases shall be furnished, on demand, with a copy of the accusation and a list of the witnesses on whose testimony the charge against him is founded, controls section 4634 of the Code upon this subject. This puts felonies and misdemeanors on the same footing as to the right to this copy and list,, and makes section 4635 applicable to all grades of offenses.
2. This being so, if there be no demand made by the defendant, there is no necessity for putting, the names…
2Cited by23 opinions
- Ferguson v. GeorgiaSupreme Court of the United States · 1961
- Elliott v. StateSupreme Court of Georgia · 2019
- O'Dell v. StateSupreme Court of Georgia · 1904
- Stapleton v. StateCourt of Appeals of Georgia · 1916
- Commonwealth v. CrowleyMassachusetts Supreme Judicial Court · 1897
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