Davis v. State
Supreme Court of Georgia
Indictment for playing and betting at cards, in Cherokee ■ Superior Court. Tried before Judge Brown, April Term, 1856. At the April Term, 1854, of Cherokee Superior Court, the Grand Jury found a presentment against Joseph Davis for playing and betting at cards, on the 10th day of February, 1854. At the April Term, 1855, the Grand Jury returned a special presentment against Davis for playing and betting at cards on the 4th day of April, 1855. On which presentment, at the same…
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Indictment for playing and betting at cards, in Cherokee ■ Superior Court. Tried before Judge Brown, April Term, 1856. At the April Term, 1854, of Cherokee Superior Court, the Grand Jury found a presentment against Joseph Davis for playing and betting at cards, on the 10th day of February, 1854. At the April Term, 1855, the Grand Jury returned a special presentment against Davis for playing and betting at cards on the 4th day of April, 1855. On which presentment, at the same term of the Court, he filed a plea of guilty, and was fined by the Court. At the April Term, 1856, of said county, the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
'[!•] Assuming that the mistake existed, ought the Court :to have permitted it to be shown ? We think so, most clearly. We know of no limit to the power of the Court to rectify errors in its own proceedings, provided third persons are not prejudiced.
Are not the judgments of this Court — of all Courts — constantly corrected ? And should they not be until they speak the truth ? And what injury can result from allowing this to be done ? The defendant pleads guilty to the presentment of April, 1854, the oldest and first found against him, and puta…
2Cited by10 opinions
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- Mahoney v. StateIndiana Supreme Court · 1925
- Hamm v. StateCourt of Appeals of Georgia · 1970
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