Legal Opinion

Couch v. State

Supreme Court of Georgia

Decided March 15, 1859PublishedCited by 7 opinions

Indictment, from Cass county. Decision by Judge Trippe, at September Term, 1858. Jesse Coucb, tbe plaintiff in error, was indicted for keeping open a tippling house on the Sabbath day.

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Indictment, from Cass county. Decision by Judge Trippe, at September Term, 1858. Jesse Coucb, tbe plaintiff in error, was indicted for keeping open a tippling house on the Sabbath day. At the term of the court next after that at which the indictment was found, and before the juries were discharged, the defendant moved to place his demand for trial on the minutes of the court.' This motion was made before the case was reached or called in its order for trial, aud was refused by the court. At the succeeding term, (September, 1858,) defendant appearing and demanding a trial, there being a jury…

1Opinion of the Court

By the Court.

McDonald, J.,

delivering the opinion.

The plaintiff in error did not except to the decision made by the court refusing to allow his demand of a trial to be placed on the minutes, at the term of the court at which the demand was first made, but he excepted to the decision of the court at a subsequent term refusing an order of acquittal and discharge from the offence for which he was indicted. On this last decision error is assigned. It was the right of the defendant to demand a trial at the term of the court at which he applied to make the demand, and to have it entered on the…

2Cited by7 opinions

  1. Parker v. StateCourt of Appeals of Georgia · 1975
  2. Jeffries v. StateCourt of Appeals of Georgia · 1976
  3. Reid v. StateCourt of Appeals of Georgia · 1967
  4. Wright v. StateCourt of Appeals of Georgia · 1958
  5. Graham v. StateCourt of Appeals of Georgia · 1907

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