Salmons v. State
Supreme Court of Georgia
Indictment for selling liquor. Before Judge Evans. Hart su-* perior court. June 23, 1903. The accused made a motion for a continuance because of the absence of three witnesses by whom he expected to prove that the general character of the State’s witness, Roland, was bad, and that they would not believe Roland on oath.
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Indictment for selling liquor. Before Judge Evans. Hart su-* perior court. June 23, 1903. The accused made a motion for a continuance because of the absence of three witnesses by whom he expected to prove that the general character of the State’s witness, Roland, was bad, and that they would not believe Roland on oath. The court asked the accused if he had other witnesses by whom he could prove the same facts, and he replied that he had; whereupon the court overruled the motion. On the trial Roland testified that he bought whisky from the accused at or about the time alleged in the…
1Opinion of the CourtLamar, J.
While some courts have ruled that a continuance will not be granted on the ground of the absence of impeaching or sustaining witnesses, this court has never directly passed on the point. In Studstill v. State, 7 Ga. 10, and Fox v. State, 9 Ga. 375, the absent witnesses were not to prove character, but specific impeaching facts and statements. The question is one pe*764culiarly within the discretion of the trial judge, and certainly in every such case it should appear that there were no persons present or accessible who could give similar testimony; and for the reason that only general character…
2Cases cited7 opinions
- Studstill v. StateSupreme Court of Georgia · 1849
- Ryder v. StateSupreme Court of Georgia · 1897
- Anderson v. StateSupreme Court of Georgia · 1884
- Maynard v. ClevelandSupreme Court of Georgia · 1886
- Sorrell & Nall v. Central RailroadSupreme Court of Georgia · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Taylor v. StateSupreme Court of Georgia · 1911
- Stevens v. StateCourt of Appeals of Georgia · 1934
- Jones v. StateSupreme Court of Georgia · 1906
- Macon & Birmingham Railway Co. v. AndersonSupreme Court of Georgia · 1905
- Plumer v. StateCourt of Appeals of Georgia · 1918
3 more not listed; retrieve them via the Exa API.