Legal Opinion

Wheatley v. State

Supreme Court of Georgia

Decided November 9, 1901PublishedCited by 4 opinions

Rule for contempt. Before Judge Littlejohn. Sumter superior court. July 23, 1901. The rule nisi recited that Wheatley, being subpoenaed and sworn before the grand jury as a witness upon a bill of indictment of the State against C. C. Clay, charged with the offense of gaming,refused to answer the following question asked of him by the foreman, to wit: “ Have you seen C. C. Clay play and bet for money at cards in this county within the past two years ? ” The rule directed that…

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Rule for contempt. Before Judge Littlejohn. Sumter superior court. July 23, 1901. The rule nisi recited that Wheatley, being subpoenaed and sworn before the grand jury as a witness upon a bill of indictment of the State against C. C. Clay, charged with the offense of gaming,refused to answer the following question asked of him by the foreman, to wit: “ Have you seen C. C. Clay play and bet for money at cards in this county within the past two years ? ” The rule directed that he answer this question before the grand jury, or show cause why he should not be punished for contempt of court. In…

1Opinion of the CourtLittle, J.

Under the rulings made by this court in Higdon v. Heard, 14 Ga. 255, and Kneeland v. State, 62 Ga. 395, a witness before a grand jury investigating a charge of gaming preferred against another may be compelled to answer whether he has seen the latter play and bet at cards for money, in the county wherein the jury is sitting, within two years prior to the inquiry; and this is so although the testimony of such witness may relate to an act of gaming in which the witness himself criminally participated.

Judgment affirmed.

All the Justices concurring.

Upon a review of the cases cited supra, four of…

2Cases cited13 opinions

  1. People v. . SharpNew York Court of Appeals · 1887
  2. People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
  3. Thornton v. LaneSupreme Court of Georgia · 1852
  4. Wilkins v. MaloneIndiana Supreme Court · 1860
  5. Bedgood v. StateIndiana Supreme Court · 1888

8 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. SorianoCourt of Appeals of Oregon · 1984
  2. Jenkins v. StateCourt of Appeals of Georgia · 1941
  3. Adams v. State of GeorgiaCourt of Appeals of Georgia · 1954
  4. Adams v. State of GeorgiaCourt of Appeals of Georgia · 1954

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