Legal Opinion

Roberts v. State

Supreme Court of Georgia

Decided February 19, 1884PublishedCited by 14 opinions

Criminal Law. Witness. Practice in Superior Court. Jury and Jtlrors. Before Judge Estes. Lumpkin Superior Court. October Term, 1883. Thomas Roberts ancl James M. A. Stringer were indicted for the murder of Drura W. Gaddis. The indictment also charged Roberts as a principal in the second degree. Stringer was competed and sent to the penitentiary for life.

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Criminal Law. Witness. Practice in Superior Court. Jury and Jtlrors. Before Judge Estes. Lumpkin Superior Court. October Term, 1883. Thomas Roberts ancl James M. A. Stringer were indicted for the murder of Drura W. Gaddis. The indictment also charged Roberts as a principal in the second degree. Stringer was competed and sent to the penitentiary for life. At the time of the trial of Roberts,'the present defendant, Stringer was alleged to be in the custody of one Bingham in Fulton county. Defendant was found guilty and sentenced to imprisonment for life. He moved for a new trial, which was…

1Opinion of the Court

Jackson, Chief Justice.

There are two grounds in the motion for a new trial, on which the law requires that we reverse the judgment of the court below overruling that motion.

1. The trial was set for the 23rd day of the month. On the-eighteenth, application was made to the presiding judge for process, requiring the person, in whose custody one-Stringer, a material witness for the defendant and a convict in the penitentiary, was kept at hard labor, to produce said Stringer, to testify on the trial, by virtue of the-provision of law in section 4027 of the Code. The process or order was granted…

2Cited by14 opinions

  1. Cofield v. StateSupreme Court of Georgia · 1981
  2. Hannah v. StateSupreme Court of Georgia · 1956
  3. Ivey v. StateCourt of Appeals of Georgia · 1908
  4. Murphy v. StateCourt of Appeals of Georgia · 1974
  5. Washington v. StateSupreme Court of Georgia · 1912

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