Legal Opinion

Hunley v. State

Supreme Court of Georgia

Decided July 19, 1898PublishedCited by 5 opinions

Indictment for larceny from the house. Before Judge Butt. Muscogee superior court. May 9, 1898. Anna Hunley was indicted for stealing a ham, and was found guilty. Her motion for a new trial was overruled, and she excepted.

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Indictment for larceny from the house. Before Judge Butt. Muscogee superior court. May 9, 1898. Anna Hunley was indicted for stealing a ham, and was found guilty. Her motion for a new trial was overruled, and she excepted. The motion alleges, in addition to the general grounds, that the court erred: 1. In permitting the detective W. H. Gibson, a State’s witness to remain in the court-room over the objection of defendant’s counsel and after the rule had been invoked and ordered by the court; the solicitor-general stating to the court and asking "that Gibson be allowed to remain in the…

1Opinion of the CourtSimmons, C. J.

I. The trial of this case seems to have been quite irregular. The prosecution was allowed to open the case three times, and the defense twice. Still, we can not say that the trial judge abused his discretion in allowing this to be done. It may have been necessary in order to arrive at the truth in •the case.

2. The charge complained of in the motion for new trial seems to us to be sound law. No specific assignment of error is made on it. The movant simply copied this portion of the charge in the motion, and alleged that it was error. Wherein the error consisted is not pointed out, but we are…

2Cases cited2 opinions

  1. Georgia Railroad v. OldsSupreme Court of Georgia · 1886
  2. Erskine & Co. v. DuffySupreme Court of Georgia · 1886

3Cited by5 opinions

  1. Anderson v. Southern Railway Co.Supreme Court of Georgia · 1899
  2. Strickland v. StateSupreme Court of Georgia · 1902
  3. Milam v. StateSupreme Court of Georgia · 1899
  4. Sharp v. StateSupreme Court of Georgia · 1900
  5. Baker v. StateSupreme Court of Georgia · 1922

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