Henderson v. State
Supreme Court of Georgia
Indictment for simple larceny. Before Judge Littlejohn. Webster superior court. April 5, 1905. Homer Henderson was indicted for simple larceny. When the case was called for trial a practicing attorney stated to the court that he «wished Ms name to be marked for the State to assist the solicitor-general, as he had been employed by the prosecutor.
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Indictment for simple larceny. Before Judge Littlejohn. Webster superior court. April 5, 1905. Homer Henderson was indicted for simple larceny. When the case was called for trial a practicing attorney stated to the court that he «wished Ms name to be marked for the State to assist the solicitor-general, as he had been employed by the prosecutor. Defendant’s counsel objected to the appearance of the attorney on behalf of the State, claiming that he had disqualified himself from appearing for the State, by reason of certain communications and negotiations which had passed between him and the…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) 1. The assignment of error to the effect that the indictment showed that there was no arraignment, and that the defendant was not furnished with a copy of .the indictment and list of witnesses, and did not waive this, can not be considered. The assignment of error refers to the indictment for verification, but an examination of it shows that an entry was made by the solicitor-general of a waiver of arraignment by the defendant and the entering of a plea of not • guilty. The presiding judge also adds a note in which he negatives the claim that there was no waiver of…
2Cases cited37 opinions
- Cawthon v. StateSupreme Court of Georgia · 1904
- Brown v. City of AtlantaSupreme Court of Georgia · 1880
- Ocean Steamship Co. v. HamiltonSupreme Court of Georgia · 1901
- Benton & Brother v. SingletonSupreme Court of Georgia · 1902
- Perry v. StateSupreme Court of Georgia · 1897
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3Cited by16 opinions
- Lyndon v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1907
- Beall v. Mineral Tone Co.Supreme Court of Georgia · 1929
- General Tire & Rubber Co. v. Brown Tire Co.Court of Appeals of Georgia · 1933
- McRae v. BoykinCourt of Appeals of Georgia · 1935
- Royal Frozen Foods Co. v. GarrettCourt of Appeals of Georgia · 1969
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