Flagg v. State
Court of Appeals of Georgia
Indictment for assault with intent to murder; from Baldwin superior court — Judge J. B. Park. January 11, 1913. The exception is to the refusal to grant an order discharging and acquitting the áccused on account of the failure of the State to put him on trial at the second term after his demand for trial had been allowed and entered upon the minutes of the court.
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Indictment for assault with intent to murder; from Baldwin superior court — Judge J. B. Park. January 11, 1913. The exception is to the refusal to grant an order discharging and acquitting the áccused on account of the failure of the State to put him on trial at the second term after his demand for trial had been allowed and entered upon the minutes of the court. The demand was made at the January term, 1911. The next July term was not convened, but was adjourned till November, at which time the accused was serving a misdemeanor sentence in the county chain-gang, but was present in court as a…
1Opinion of the CourtPottle, J.
1, 3. The constitution of this State guarantees to one accused of crime a speedy trial, and in aid of this guaranty our statute allows him to make demand for trial for an offense “not affecting his life,” and requires that unless a trial be had at the first or second term after demand, the prisoner shall be discharged, provided that at both terms there are juries regularly impaneled and qualified to try him. Penal Code (1910), § 983. Under the .statute the only prerequisite to a discharge after the second term is that demand shall have been made and allowed, and qualified juries impaneled;…
2Cases cited10 opinions
- Thomas v. . PeopleNew York Court of Appeals · 1876
- State v. BuckSupreme Court of Missouri · 1894
- Walker v. StateSupreme Court of Georgia · 1892
- Nix v. StateCourt of Appeals of Georgia · 1909
- Coleman v. StateCourt of Criminal Appeals of Texas · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Raine v. StateTennessee Supreme Court · 1920
- Ex parte BraceyWest Virginia Supreme Court · 1918
- Parker v. StateCourt of Appeals of Georgia · 1975
- Reid v. StateCourt of Appeals of Georgia · 1967
- State v. CollinsCourt of Appeals of Georgia · 1991
19 more not listed; retrieve them via the Exa API.