Legal Opinion

Shivers v. State

Supreme Court of Georgia

Decided July 15, 1874PublishedCited by 8 opinions

Criminal law. Embezzlement. Evidence. Continuance. Before Judge Pottle. Hancock Superior Court. April Term, 1874. Shivers was indicted for the offense of embezzling $11,-000 00, collected by him as tax collector for the county of Hancock, during the year 1871. He pleaded not guilty.

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Criminal law. Embezzlement. Evidence. Continuance. Before Judge Pottle. Hancock Superior Court. April Term, 1874. Shivers was indicted for the offense of embezzling $11,-000 00, collected by him as tax collector for the county of Hancock, during the year 1871. He pleaded not guilty. When the case was called for trial, he moved for a continuance on.the ground that the indictment .had been found only two'days previous thereto, and his counsel had been constantly engaged in the business of .the court to the exclusion of any opportunity of making preparation in the case, or even of consulting…

1Opinion of the Court

Warner, Chief Jusfcice.

The defendant was indicted for the offense of embezzlemen and on the trial thereof was found guilty by the jury. A motion was made for a new trial, on the several grounds alleged therein, which was overruled by the court, and the defendant excepted. Two grounds of error only have been insisted on here: First, the refusal of the court to grant the defendant a continuance on the showing made therefor; and second, in admitting in evidence the certified copies of the record books of the state treasurer and comptroller general, the defendant insisting that he was entitled to…

2Cited by8 opinions

  1. Manley v. StateSupreme Court of Georgia · 1928
  2. McLendon v. StateCourt of Appeals of Georgia · 1971
  3. Duke v. StateCourt of Appeals of Georgia · 1961
  4. Griffin v. WiseSupreme Court of Georgia · 1902
  5. Stamper v. StateCourt of Appeals of Georgia · 1918

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