Legal Opinion

Fogarty v. State

Supreme Court of Georgia

Decided April 9, 1888PublishedCited by 38 opinions

Continuance. Jury and jurors. Insanity. Pleadings. Charge of court. Trior. Voir dire. Practice. Newly-discovered evidence. Punishment. Criminal law. Before Judge Adams. Chatham superior court. June term, 1887. Reported in the decision.

1Opinion of the Court

Simmons, Justice.

Fogarty was indicted in the superior court of Chatham county for an assault with intent to murder; to which indictment he pleaded not guilty. On the trial of the case the jury found a verdict of guilty; whereupon he made a motion for a new trial, upon forty-two grounds, which was overruled, and he excepted.

1. The first three grounds may be considered together. The 1st is, that the court held that an affidavit for a continuance should be made by the defendant himself; the 2d ground is, that the court held that when the affidavit for a continuance was made by another person…

2Cases cited14 opinions

  1. Eberhart v. StateSupreme Court of Georgia · 1873
  2. Dumas v. StateSupreme Court of Georgia · 1879
  3. Cox v. StateSupreme Court of Georgia · 1879
  4. Rushin v. Shields & BallSupreme Court of Georgia · 1852
  5. Griffin v. StateSupreme Court of Georgia · 1858

9 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Oborn v. StateWisconsin Supreme Court · 1910
  2. Myers v. StateSupreme Court of Georgia · 1895
  3. Wilburn v. StateSupreme Court of Georgia · 1914
  4. Woolfolk v. StateSupreme Court of Georgia · 1890
  5. State v. LewisNevada Supreme Court · 1889

33 more not listed; retrieve them via the Exa API.

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