Ivey v. State

Jordan, Judge.

The defendant was tried and convicted of the offense of receiving stolen goods. His amended motion for new trial, in which he assigned error on the refusal of the trial court to continue the case on timely motion, was denied; and the exception is to that judgment. Held:

Where one charged with crime learned for the first time upon the call of the case that he was to be tried upon a special presentment of the grand jury, of which he had no prior knowledge, and not upon the indictment under which he had been arrested and made bond and to which he had announced his plea of mot guilty…