Copenhaven v. State
Supreme Court of Georgia
Indictment for Burglary in Monroe Superior Court. Tried before Judge Starke, March Term, 1858. The defendant in this case being arraigned, and having plead not guilty, moved a continuance on the same grounds as those taken in the case of Roberts vs. The State (No. 4 suprie) with the additional ground that he had absent witnesses residing in Murray county, by whom he could prove an alibi.
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Indictment for Burglary in Monroe Superior Court. Tried before Judge Starke, March Term, 1858. The defendant in this case being arraigned, and having plead not guilty, moved a continuance on the same grounds as those taken in the case of Roberts vs. The State (No. 4 suprie) with the additional ground that he had absent witnesses residing in Murray county, by whom he could prove an alibi. The motion to continue was overruled, when defendant moved to postpone the case to Monday of the second week of the term, that he might send for the witnesses in Murray county. This also the Court refused,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering opinion.
[1.] The record in this case, shows that the defendant was put upon his trial the day after the indictment was found. He meved to continue the cause, on. several grounds; and among the rest, he swore that he expected to prove by Thomas Whit-ten, at the next term of the Court, that he was on his way to Georgia with horses, and lodged all night at the house of Whit-ten, in the county of Murray, in this State, on the night of the 14th of October, 1852; the alleged robbery having been committed in Monroe county, on the night of the 12th of the same month…
2Cited by11 opinions
- Woolfolk v. StateSupreme Court of Georgia · 1890
- Brooks v. StateCourt of Appeals of Georgia · 1908
- Hamm v. StateCourt of Appeals of Georgia · 1970
- Paulk v. StateCourt of Appeals of Georgia · 1909
- Frost v. StateCourt of Appeals of Georgia · 1955
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