Eberhart v. State
Supreme Court of Georgia
Criminal law. Continuance. Jury. Practice. Confessions. Evidence. Before Judge Clark. Webster Superior Court. May Special Term, 1872. At a special term of Webster Superior Court, held in May, 1872, Enoch E. Spann and Susan Eberhart were indicted for the offense of murder upon the person of Sarah Spann, alleged to have been committed on the 4th day of the then present month.
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Criminal law. Continuance. Jury. Practice. Confessions. Evidence. Before Judge Clark. Webster Superior Court. May Special Term, 1872. At a special term of Webster Superior Court, held in May, 1872, Enoch E. Spann and Susan Eberhart were indicted for the offense of murder upon the person of Sarah Spann, alleged to have been committed on the 4th day of the then present month. The indictment contained additional counts against Susan Eberhart, charging her as a principal in the second degree, and as an accessory before the fact. After the conviction of Spann, Susan Eberhart was placed on trial…
1Opinion of the Court
McCay, Judge.
1. We have often declared that in cases of discretion the action of the Circuit Judge will only be disturbed by this Court when the discretion is abused. The statute, Code, section .3480, expressly gives the Judge a discretion on questions of continuance. Surely it cannot be said, under the state of facts presented by this record, it was an abuse of a wise discretion to refuse to continue the case. To say that there was ground for continuance does not meet the case. The. question is, has the Judge shown gross mistake or a want of proper consideration for the rights of the…
2Cited by99 opinions
- Hawes v. StateSupreme Court of Georgia · 1977
- Spivey v. StateSupreme Court of Georgia · 1984
- Potts v. StateSupreme Court of Georgia · 1978
- Conklin v. StateSupreme Court of Georgia · 1985
- Johnson v. StateSupreme Court of Georgia · 1999
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