Legal Opinion

Burkhalter v. Durrence

Court of Appeals of Georgia

Decided February 15, 1956No. 36052PublishedCited by 4 opinions

1Opinion of the CourtQuilman, J.

When counsel goes to trial without the presence of the defendant, but makes no motion for a continuance and does not suggest his desire to have his client present at the trial, it will not require the granting of a new trial. This is true even though the defendant contends he possesses evidence which would have brought the trial to a different conclusion. “There is full power on the part of the counsel to represent the client, and it is just the same as if the client were there in person.” *375Williams v. Simmons, 79 Ga. 649, 654 (7 S. E. 133). The trial judge did not err in overruling the motion…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Williams v. SimmonsSupreme Court of Georgia · 1888
  2. Denmond v. HillyerSupreme Court of Georgia · 1907
  3. McAnally v. Bank of AbbevilleCourt of Appeals of Georgia · 1918

3Cited by4 opinions

  1. Chapman v. Avco Financial Services Leasing Co.Court of Appeals of Georgia · 1989
  2. In re Estate of CoutermarshCourt of Appeals of Georgia · 2013
  3. Bembry v. PughCourt of Appeals of Georgia · 1988
  4. In Re: Estate of Maria Louisa CoutermarshCourt of Appeals of Georgia · 2013

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