Dublin v. State
Supreme Court of Georgia
Accusation of misdemeanor. Before Judge Park. City court of Sylvester. August 13, 1906. The accused was arraigned in the city court of Sylvester at the June term',. 1906, upon an accusation charging him with a misdemeanor.
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Accusation of misdemeanor. Before Judge Park. City court of Sylvester. August 13, 1906. The accused was arraigned in the city court of Sylvester at the June term',. 1906, upon an accusation charging him with a misdemeanor. He interposed a special plea in bar, the averments of which were, in substance, as follows: The accusation was pending in the city court at the September term, 1905, and during that term the accused, in writing, demanded a trial, the demand being in the terms of the statute. This demand was by the order of the court placed upon the minutes. At that term there was a jury…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) Both counsel for the State and for the accused, in their briefs, treat the order of the judge as in effect striking the plea upon demurrer, and we will so consider it. The 18th section of the Penal Code of 1833 provided, that any person charged with an offense not capital might “demand a trial at the term when the indictment was found, or at the next succeeding term thereafter,” and that if a trial was not had at the term when the demand was made, or at the next succeeding term, the accused should be absolutely acquitted and discharged of the offense,…
2Cases cited11 opinions
- Walker v. StateSupreme Court of Georgia · 1892
- Durham v. StateSupreme Court of Georgia · 1851
- Stripland v. StateSupreme Court of Georgia · 1902
- Hunley v. StateSupreme Court of Georgia · 1898
- Kerese v. StateSupreme Court of Georgia · 1851
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3Cited by16 opinions
- Flagg v. StateCourt of Appeals of Georgia · 1912
- McRoy v. StateCourt of Appeals of Georgia · 1974
- Nix v. StateCourt of Appeals of Georgia · 1909
- Dennis v. GrimesSupreme Court of Georgia · 1961
- Adams v. StateCourt of Appeals of Georgia · 1973
11 more not listed; retrieve them via the Exa API.