Brady v. State
Supreme Court of Georgia
Indictment for larceny from the house. Before Judge Crisp, City court of Americus. February 11, 1904. Brady was charged with larceny from the house. On the call o'f the case he made a perfect showing for a continuance on the ground of the absence of a witness John Fletcher. From a note hy the trial judge it appears that at the August term, 1903, the case was continued on account of the absence of Fletcher, a witness Lizzie Osborne being then and there in the court-room.
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Indictment for larceny from the house. Before Judge Crisp, City court of Americus. February 11, 1904. Brady was charged with larceny from the house. On the call o'f the case he made a perfect showing for a continuance on the ground of the absence of a witness John Fletcher. From a note hy the trial judge it appears that at the August term, 1903, the case was continued on account of the absence of Fletcher, a witness Lizzie Osborne being then and there in the court-room. At the November term, 1903, the case was continued on account of the absence of Lizzie Osborne, the witness Fletcher being…
1Opinion of the CourtLamar, J.
There had already been one continuance because of the absence of the witness Fletcher. He had been subpoenaed prior to the August term, 1903, and this was sufficient to require his attendance from term to term. When, therefore, he failed to ap*183pear on the call of the case at the January term, 1904, he was prima facie in contempt, and subject to attachment. Civil Code, §§ 5260, 5263. Continuances are only allowed to the diligent (Civil Code, § 5263), and to those who avail themselves of the means provided by law for compelling the attendance of those by whom facts material to the cause are to…
2Cases cited2 opinions
- Anderson v. StateSupreme Court of Georgia · 1884
- McRae v. StateSupreme Court of Georgia · 1874
3Cited by5 opinions
- Teat v. StateCourt of Appeals of Georgia · 1987
- Welch v. StateSupreme Court of Georgia · 1940
- Mijajlovic v. StateCourt of Appeals of Georgia · 1986
- Teat v. StateCourt of Appeals of Georgia · 1987
- Welch v. StateSupreme Court of Georgia · 1940