Legal Opinion

Copenhaven v. State

Supreme Court of Georgia

Decided February 15, 1854No. 32PublishedCited by 15 opinions

Indictment for burglary, in Monroe Superior Court. Tried before Judge Starke, September Term, 1853. At the March Term, 1853, of Monroe Superior Court, bills of indictment for burglary and robbery, were found against Gideon Copenhaven and others. Copenhaven, who severed, was placed on trial on the bill for burglary, first. He moved the Court for a continuance, on the ground of absent witnesses; the Court over-ruled the motion, and he was found guilty by the Jury.

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Indictment for burglary, in Monroe Superior Court. Tried before Judge Starke, September Term, 1853. At the March Term, 1853, of Monroe Superior Court, bills of indictment for burglary and robbery, were found against Gideon Copenhaven and others. Copenhaven, who severed, was placed on trial on the bill for burglary, first. He moved the Court for a continuance, on the ground of absent witnesses; the Court over-ruled the motion, and he was found guilty by the Jury. Erom this decision of the Court, a ívrit of error was taken to the Supreme Court, at Decatur, August Term, 1853. The Supreme Court…

1Opinion of the Court

By the Court.

Starnes, J.

delivering the opinion.

[1.] At August Term, 1853, of this Court, held at Decatur, it was decided that the offence of robbery, with which this prisoner was charged, and for which he was tried at March Term, 1853, of Monroe Superior Court, constituted a part of the same transaction for which the prisoner had been tried, and of which he had been convicted, upon a charge of burglary, at the same Court. We held that the prosecuting officer for the State, in charging the felonious intent which, together with the breaking and entering the dwelling-house of another, is a…

2Cited by15 opinions

  1. Harris v. StateSupreme Court of Georgia · 1941
  2. Gully v. StateSupreme Court of Georgia · 1902
  3. State v. ColgateSupreme Court of Kansas · 1884
  4. State v. WheelockSupreme Court of Iowa · 1933
  5. State v. BroderickSupreme Court of Iowa · 1921

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