Fox v. State
Supreme Court of Georgia
Indictment for larceny from the house, in Bibb Superior Court. Before Judge Stark, July Term, 1850. At the July Term, 1850, of Bibb Superior Court, John Fox was placed on his trial for larceny from the house. The defendant moved for a continuance for the absence of a witness, William Robards, who resided in Decatur County.
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Indictment for larceny from the house, in Bibb Superior Court. Before Judge Stark, July Term, 1850. At the July Term, 1850, of Bibb Superior Court, John Fox was placed on his trial for larceny from the house. The defendant moved for a continuance for the absence of a witness, William Robards, who resided in Decatur County. On the showing for a continuance, it appeared that the witness had been recognized at the last term of the Court to appear and testify in the cause for the defendant. The defendant stated that he expected to prove by the witness, Robards, that he (witness) heard one…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The new trial ought to have been granted, because there was error in not allowing the continuance. The plaintiff in error had used diligence to procure the attendance of his witness. He had been subpoenaed — had been even recognized to appear • he had, through his counsel, tendered to the witness his expenses, and the testimony was material. The party swore that he expected to prove by the absent witness that he heard Simpson, the witness upon whom he understood the State would mainly rely for a conviction, say “ that if hard swearing would…
2Cited by5 opinions
- Hamm v. StateCourt of Appeals of Georgia · 1970
- Frost v. StateCourt of Appeals of Georgia · 1955
- Continental Casualty Co. v. WhiteSupreme Court of Georgia · 1934
- Cook v. StateSupreme Court of Georgia · 1926
- Hamm v. StateCourt of Appeals of Georgia · 1970