Horn v. State
Supreme Court of Georgia
Practice in the Superior Court. New trial. Before-Judge Grice. Crawford Superior Court. September Term, 1878. For the facts see the opinion. cited on continuance, Code, §3522; 44 Oa., 449;
1Opinion of the Court
Jackson, Justice.
The defendant was found guilty and moved for a new trial on two grounds — first, because the court overruled his motion to continue; and, secondly, because the venue was not sufficiently proven. The motion was overruled, and he excepted.
1. The case should have been continued. The motion to continue was based upon the absence of a witness, and the rule in respect to his having been subpoenaed, and all other requisites as to an absent witness, were fully complied with. *364The testimony of the absent witness, the defendant swore, would be that he was present the whole day with…
2Cited by6 opinions
- Western Union Telegraph Co. v. GriffithSupreme Court of Georgia · 1900
- Williams v. StateSupreme Court of Georgia · 1882
- Lyons v. StateCourt of Appeals of Georgia · 1956
- Kennedy v. StateSupreme Court of Georgia · 1897
- Pyburn v. StateSupreme Court of Georgia · 1890
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