Hinch v. State
Supreme Court of Georgia
Murder, from Muscogee county. Tried before Judge Worrill, May Term, 1858. The jury found Hinch guilty, and the Judge sentenced him to be executed on the second day of July, proximo.
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Murder, from Muscogee county. Tried before Judge Worrill, May Term, 1858. The jury found Hinch guilty, and the Judge sentenced him to be executed on the second day of July, proximo. The defendant’s counsel moved in arrest of judgment, upon the ground, that said defendant was ordered to be executed within thirty days from the adjournment of the Court; and also moved the Court for a new trial, upon the following grounds: 1st. Because the verdict of the jury, in said case, was contrary to law and evidence. 2d. Because the Court allowed the prosecution to prove the deceased a small man, and…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
[1.] By law, the Court may fix any time for the execution of a prisoner" convicted of a capital offence, between twenty and sixty days from the day of the sentence. Cobb, 840. The right conferred on parties to suits in the Circuit Courtsj to have thirty days to draw up and submit to the Judge who heard the cause, a bill of exceptions, does not change or modify in any respect, the statute requiring the Court to fix the time for the execution of prisoners. The Court cannot fix the time within twenty days of the day of the sentence, and that gives…
2Cited by9 opinions
- Powell v. StateSupreme Court of Georgia · 1897
- Doyal v. StateSupreme Court of Georgia · 1883
- Thrawley v. StateIndiana Supreme Court · 1899
- Wesley v. StateMississippi Supreme Court · 1872
- State v. BowlesSupreme Court of Missouri · 1898
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