Legal Opinion

Castleberry v. State

Supreme Court of Georgia

Decided September 15, 1881PublishedCited by 9 opinions

Jurisdiction. Judge. Criminal Law. Practice in Su jprerhe Court. Before-H. P. Bell, Esq., Judgepro hac vice. Lumpkin Superior C.ourt. April Term, 1881. Castleberry was indicted for cutting down a mining ditch. Judge Brown, of the Blue Ridge circuit, being disqualified, H. P. Bell, Esq., by consent of both sides, and under approval of the court, presided as judge pro hac vice. The defendant was convicted, moved for a new trial, which was refused, and he excepted.

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Jurisdiction. Judge. Criminal Law. Practice in Su jprerhe Court. Before-H. P. Bell, Esq., Judgepro hac vice. Lumpkin Superior C.ourt. April Term, 1881. Castleberry was indicted for cutting down a mining ditch. Judge Brown, of the Blue Ridge circuit, being disqualified, H. P. Bell, Esq., by consent of both sides, and under approval of the court, presided as judge pro hac vice. The defendant was convicted, moved for a new trial, which was refused, and he excepted. For the other facts, see the decision.

1Opinion of the Court

Jackson, Chief Justice.

1. The only question necessary to the final disposition of this case is, whether under the laws of this state an attorney is empowered to act as judg& pro hac vice in a criminal case, the state and the accused both consenting thereto. Prior to the constitution of 1877, and the act of 1879, there might have been some doubt, and possibly jurisdiction was given by the act of i860, in criminal as in other cases, from the broad language of that act. See Code, §250, acts of i860, page 43.

There was a divided court on the constitutionality of this act, even in civil cases — 39…

2Cases cited1 opinion

  1. Henderson v. PopeSupreme Court of Georgia · 1869

3Cited by9 opinions

  1. Cutts v. ScandrettSupreme Court of Georgia · 1899
  2. Albany Federal Savings & Loan Ass'n v. HendersonSupreme Court of Georgia · 1944
  3. Parker v. DekleSupreme Court of Florida · 1903
  4. Pope v. JonesSupreme Court of Georgia · 1888
  5. Vaughn v. StricklandSupreme Court of Georgia · 1899

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