Price v. State
Supreme Court of Georgia
Indictment, from Polk county. Decided by Judge Hammone, October Term, 1857. At April Term 1856, Price was indicted in two cases, for “keeping open a Tippling House on the Sabbath day.” At the April Term, 1857, being the third Term afterwards, he made a demand for trial, which was entered on the minutes of the Court. At the next Term, the State was not ready for trial, and the defendant insisted on being discharged.
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Indictment, from Polk county. Decided by Judge Hammone, October Term, 1857. At April Term 1856, Price was indicted in two cases, for “keeping open a Tippling House on the Sabbath day.” At the April Term, 1857, being the third Term afterwards, he made a demand for trial, which was entered on the minutes of the Court. At the next Term, the State was not ready for trial, and the defendant insisted on being discharged. The Court refused to discharge him on the ground, that the demand was not made at the Term of the Court at which the indictment was found, or at the next succeeding Term…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The 18th section of the 14th division of the Penal Code, is in the following words: “ Any person against whom a true bill of indictment is found, for an offence not affecting his or her life, may demand a trial at the term when the indictment is found, or at the next succeeding Term, thereafter, which demand shall be placed upon the minutes of the Court; and if such person shall not be tried at the Term when the demand is made, or at the next succeeding Term thereafter; provided, that at both Terms there were juries empannelled and qualified to…
2Cases cited2 opinions
- Denny v. StateSupreme Court of Georgia · 1849
- Jordan v. StateSupreme Court of Georgia · 1855
3Cited by3 opinions
- Dublin v. StateSupreme Court of Georgia · 1906
- State v. VarnerSupreme Court of Georgia · 2003
- State v. VarnerSupreme Court of Georgia · 2003