Kelly v. Hall
Supreme Court of Georgia
Practice before the Supreme Court. Mandamus. New-trial. Rill of exceptions. Before the Supreme Court. January Term, 1874. Charles Kelly petitioned the Supreme Court for a mandamus nisi requiring Honorable John I. Hall, Judge of the Superior Courts of the Flint Circuit, to show cause why he should not be compelled by a rule absolute to sign and certify a bill of exceptions to his judgment refusing a new trial in the case of the State against petitioner, who was charged with…
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Practice before the Supreme Court. Mandamus. New-trial. Rill of exceptions. Before the Supreme Court. January Term, 1874. Charles Kelly petitioned the Supreme Court for a mandamus nisi requiring Honorable John I. Hall, Judge of the Superior Courts of the Flint Circuit, to show cause why he should not be compelled by a rule absolute to sign and certify a bill of exceptions to his judgment refusing a new trial in the case of the State against petitioner, who was charged with the offense of murder. It appeared from the petition that Kelly was convicted of the offense of murder at the September…
1Opinion of the Court
Warner, Chief Justice.
This is an application for a mandamus to compel the Judge of the Superior Court to sign and certify a bill of exceptions to the judgment of that Court in overruling a second motion for a new trial. The granting or refusing the mandamus prayed for must necessarily rest in the sound legal discretion of this Court: Harris vs. The State, 2 Kelly’s Reports, 290; Malone vs. The State, decided at the last term. It would require a very strong case, indeed, to authorize this Court to grant a mandamus to compel the Judge of the Superior Court to sign and certify a bill of…
2Cited by4 opinions
- Smith v. StateCourt of Appeals of Georgia · 1907
- Smith v. HodgsonSupreme Court of Georgia · 1907
- O'Neil v. StateSupreme Court of Georgia · 1898
- Griffin v. BrandCourt of Appeals of Georgia · 1916