Cain v. State
Supreme Court of Georgia
Accusation of stabbing. Before Judge Ross. City court of Macon. March term, 1897. On April 20, 1897, an accusation was preferred in the city court of Macon against Tom Cain, charging him with the offense of stabbing, committed upon Carrie Hollis on March 6, 1897. When the case came on for trial on May 24, 1897, M. G. Bayne announced to the court that he had just been associated with L. J. Spinks as counsel for the defendant, and moved to withdraw the waiver of trial by jury…
Read the full summary
Accusation of stabbing. Before Judge Ross. City court of Macon. March term, 1897. On April 20, 1897, an accusation was preferred in the city court of Macon against Tom Cain, charging him with the offense of stabbing, committed upon Carrie Hollis on March 6, 1897. When the case came on for trial on May 24, 1897, M. G. Bayne announced to the court that he had just been associated with L. J. Spinks as counsel for the defendant, and moved to withdraw the waiver of trial by jury theretofore made. The denial of this motion is assigned as error. It appears, that on April 20, 1897, defendant appeared…
1Opinion of the CourtFish, J.
The sole question to be considered in this case is, whether the court below erred in refusing to permit the plaintiff in error to withdraw his waiver of trial by jury, under the circumstances as set forth in the reporter’s statement. The right of trial by jury in criminal prosecutions is a great constitutional right of which the accused can not be deprived except of his own accord. While he may voluntarily waive it, yet he may revoke such waiver by making timely application therefor. This right of revocation must be exercised in such season as-not substantially to delay or impede the cause of…
2Cases cited2 opinions
- Brown v. StateSupreme Court of Georgia · 1892
- Butler v. StateSupreme Court of Georgia · 1896
3Cited by12 opinions
- People v. MeltonCalifornia Court of Appeal · 1954
- State v. JonesCourt of Appeals of Maryland · 1973
- State v. RankinSupreme Court of Connecticut · 1925
- Brumbalow v. StateCourt of Appeals of Georgia · 1973
- Fleming v. StateCourt of Appeals of Georgia · 1976
7 more not listed; retrieve them via the Exa API.