Durham v. State
Supreme Court of Georgia
Indictment for perjury, in Dooly Superior Court. Decision by Judge Warren, November Term, 1850. At the May Term, 1850, of Dooly Superior Court, Hardy Durham was indicted for peijury. The perjury assigned, was upon an affidavit to a' bill filed for the review of a former decree, rendered in Dooly Superior Court. At that term, the defendant demanded a trial, in terms of the provision made in the Penal Code, and placed his demand upon the minutes.
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Indictment for perjury, in Dooly Superior Court. Decision by Judge Warren, November Term, 1850. At the May Term, 1850, of Dooly Superior Court, Hardy Durham was indicted for peijury. The perjury assigned, was upon an affidavit to a' bill filed for the review of a former decree, rendered in Dooly Superior Court. At that term, the defendant demanded a trial, in terms of the provision made in the Penal Code, and placed his demand upon the minutes. At the November Term, 1850, when 'the case was called in its order, the defendant announced himself ready for trial. Whereupon, the Solicitor General…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
A true bill for perjury having been found against Hardy Durham, in the Superior Court of Dooly County, the indictment was called in its order, at the November Term,-1850, of said Court, and the defendant was required to announce whether or not he was ready for his trial. He answered that he was ready. Whereupon, the Solicitor General moved to enter a nolle prosequi in the case, for the purpose, as he alleged, of preferring another and more perfect hill against the accused. This proceeding was resisted on the part of Durham, on the ground that at…
2Cited by23 opinions
- State v. WearSupreme Court of Missouri · 1898
- Brown v. StateSupreme Court of Georgia · 1890
- Henry v. JamesSupreme Court of Georgia · 1994
- Dennis v. GrimesSupreme Court of Georgia · 1961
- Jeffries v. StateCourt of Appeals of Georgia · 1976
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