Legal Opinion

Morgan v. State

Court of Appeals of Georgia

Decided September 16, 1913No. 4790Published

Indictment for sale of liquor; from city court of Madison — Judge Anderson. January 31, 1913. The indictment charged Robert Morgan with the sale of intoxicating liquors on December 15, 1911..

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Indictment for sale of liquor; from city court of Madison — Judge Anderson. January 31, 1913. The indictment charged Robert Morgan with the sale of intoxicating liquors on December 15, 1911.. George Wright testified, that on December 15, 1911, he bought “corn liquor” from the accused “down at the colored hall,” in Morgan county, and bought “liquor” from him on a previous occasion in the same year, at Genus Allen’s shop, and at other times during the year on the streets, in Morgan county. "Will Simmons was with me the night I bought the liquor down at the Odd Fellows’ hall. Nobody was with me…

1Opinion of the CourtEusseia, J.

The showing for continuance being in all respects regular and in compliance with the requirements of the statute, and the testimony of the absent witness being vitally material to the defense, the court erred in not granting a continuance. Judgment reversed.

The continuance was asked on account of the absence of Willie Simmons, a material witness for the accused. The indictment was found at the March term of the superior court, 1912. The case was tried in the city court on January 8, 1913. On the motion for continuance the court heard evidence as follows: The accused testified: Willie Simmons…

2Cases cited7 opinions

  1. Brooks v. StateCourt of Appeals of Georgia · 1908
  2. Anderson v. StateSupreme Court of Georgia · 1884
  3. Haines v. StateCourt of Appeals of Georgia · 1911
  4. Grusin v. StateCourt of Appeals of Georgia · 1911
  5. Pyburn v. StateSupreme Court of Georgia · 1890

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