Spann v. Clark
Supreme Court of Georgia
Application for mandamus. New trial. Motion for in vacation. Criminal law. Supersedeas. Before the Supreme Court. July Term, 1872. The petition of E. F. Spann, to the Supreme Court, for the writ of mandamus, set forth substantially the following facts, to-wit: That petitioner was tried for the offense of murder at a special term of the Superior Court of Webster county, and found guilty; that petitioner was sentenced to be hung on the ...... day of July, 1872; that the…
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Application for mandamus. New trial. Motion for in vacation. Criminal law. Supersedeas. Before the Supreme Court. July Term, 1872. The petition of E. F. Spann, to the Supreme Court, for the writ of mandamus, set forth substantially the following facts, to-wit: That petitioner was tried for the offense of murder at a special term of the Superior Court of Webster county, and found guilty; that petitioner was sentenced to be hung on the ...... day of July, 1872; that the Governor of the State postponed the execution of said sentence by an Executive order, until the 26th of July, 1872, in order…
1Opinion of the Court
McCay, Judge.
At the first reading of sections 3668 and 3670 of the Code, there arises, almost irresistibly, the impression that it was the intent of the law makers to authorize a motion for new trial, “ under extraordinary circumstances,” to be hiade in vacation. Section 3668, after providing for ordinary cases, and in terms requiring the motion in such cases to be made at the term at which the case was tried, expressly excepts “ extraordinary cases ” from this rule. Section 3670 says: “ In case a motion for a new trial is made after the adjournment of the Court,” some good reason must be…
2Cited by6 opinions
- Vanderford v. BrandSupreme Court of Georgia · 1906
- Collier v. StateSupreme Court of Georgia · 1902
- Marlowe v. WorrellSupreme Court of Georgia · 1936
- McLendon v. AndersonSupreme Court of Georgia · 1950
- Antonopoulas v. BlackCourt of Appeals of Georgia · 1920
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