Wise v. State
Supreme Court of Georgia
Murder. In Butts, Superior Court. Tried before Judge Speer. April, 1865. The regular time for the sitting of Butts Superior Court, in the spring of 1865, was the second Monday in March. On the Saturday previous to that day, an order to adjourn the Court over to the second Monday in April, together with instructions to have summoned a large number of tales jurors, was sent by the Judge to the clerk.
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Murder. In Butts, Superior Court. Tried before Judge Speer. April, 1865. The regular time for the sitting of Butts Superior Court, in the spring of 1865, was the second Monday in March. On the Saturday previous to that day, an order to adjourn the Court over to the second Monday in April, together with instructions to have summoned a large number of tales jurors, was sent by the Judge to the clerk. The order was received by the clerk on Sunday or Monday, and remained in his office some two or three days before it was entered on the minutes. The clerk did not formally adjourn the Court,…
1Opinion of the CourtLumpkin, C. J.
[1.] The first complaint made in this case is, that the Court refused to continue this case on account of the absence of Col. D. J. Bailey, who, it is alleged, had no “ legal notice of the adj ourned term of the Court.” The defendant does not •pretend that he had employed Col. Bailey as counsel in this ease, or had taken any steps to procure his attendance. He was ably defended by competent counsel who represented him.
[2.] He moved for a continuance on the further ground, that he bad a material witness who was absent in the army. The State proposed to admit the testimony, if the defendant…
2Cited by10 opinions
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- Luby v. StateSupreme Court of Georgia · 1897
- Willcox v. Beechwood Band Mill Co.Supreme Court of Georgia · 1928
- Bryning v. StateCourt of Appeals of Georgia · 1952
- McKenzie v. StateCourt of Appeals of Georgia · 1921
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