Whitley v. State
Supreme Court of Georgia
Murder. Motion for new trial. Tried before Judge Hutchins. Walton-Superior Court. 'February Term, 1868. The defendant moved the Court to continue said case, in writing, as follows : That, by reason of the recent occurrence of the fact, to-wit: on the 27th of January, 1868, and the prevalence of popular excitement against him in the county, he believes he cannot go safely to 'trial at this term, of the Court; that in the rencontre in question, deponent received two severe…
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Murder. Motion for new trial. Tried before Judge Hutchins. Walton-Superior Court. 'February Term, 1868. The defendant moved the Court to continue said case, in writing, as follows : That, by reason of the recent occurrence of the fact, to-wit: on the 27th of January, 1868, and the prevalence of popular excitement against him in the county, he believes he cannot go safely to 'trial at this term, of the Court; that in the rencontre in question, deponent received two severe pistol-shot wounds, one through the testicle and left thigh, the other through the body, from the effects of which he has…
1Opinion of the CourtHarris, J.
There are many assignments of error made by the bill of exceptions, but we propose to confine our opinion to those only which we deem most material. The first is the refusal of the Court to continue the case. By paragraph 4553 of the Revised Code, it is evident that the policy of the law is that of a speedy trial, and hence the direction that a criminal case shall be tried at the term of the Court at which the indictment is found. This rule was not intended to be inflexible ; it is a general direction, subject to such modification as the principles of justice demand; thus, the absence of a…
2Cited by16 opinions
- State v. AllenWest Virginia Supreme Court · 1898
- Mulkey v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Thompson v. StateSupreme Court of Georgia · 1948
- Olliff v. HowardCourt of Appeals of Georgia · 1925
- Cochran v. StateCourt of Appeals of Maryland · 1913
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