Frain v. State
Supreme Court of Georgia
Criminal Law. Continuance. Confessions, etc. Before Judge Snead. City Court of Augusta. May Term, 1869. Erain was indicted in said Court for larceny of a bale of cotton. He was absent. His counsel moved to postpone the trial for that day, because of Frain’s sickness.
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Criminal Law. Continuance. Confessions, etc. Before Judge Snead. City Court of Augusta. May Term, 1869. Erain was indicted in said Court for larceny of a bale of cotton. He was absent. His counsel moved to postpone the trial for that day, because of Frain’s sickness. They produced a certificate of a physician that Erain was suffering from a severe contused wound of the left side, affecting his eighth and ninth ribs, and was thereby “indisposed'from attending to his duties in Court,” and they showed, by a witness, that a few days before that Erain was at a fire and got a fall from a fence, and…
1Opinion of the CourtMcCay, J.
1. It is with much reluctance we reverse the judgment of the Court below in this case. We have no complaint with the verdict of the jury; on the contrary, we think it proper enough under the facts as they were presented.
2. We think, too, that the motion in arrest of judgment was properly overruled. The verdict of “guilty generally” is only in accordance with the usual instruction given to the jury in cases where in one count there is a charge of an offense, and in another count a charge of a lower grade of the same offense. Receiving stolen goods, knowing them to be stolen, makes the receiver…
2Cited by11 opinions
- Stone v. StateSupreme Court of Georgia · 1903
- Hayes v. StateCourt of Appeals of Georgia · 1912
- Pope v. StateSupreme Court of Georgia · 1930
- Woodward v. StateSupreme Court of Georgia · 1943
- United States v. StoneUnited States Circuit Court · 1881
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