Legal Opinion

Sutton v. State

Court of Appeals of Georgia

Decided January 7, 1944No. 30251PublishedCited by 8 opinions

1Opinion of the CourtMacIntyre, J.

1. “The showing for continuance was complete, except that it failed to show that the same was not for delay, but to procure the attendance of the witness at the next term. This was material, and the court could well refuse the continuance for this reason.” Boggess v. Lowrey, 78 Ga. 353.

2. “A showing for a continuance upon the ground of the absence of a witness, is insufficient if it omits to state that the application is not made for the purpose of delay [even though the accused, as shown by the record, testified that the witness was not absent by my consent directly or indirectly and I…

2Cases cited4 opinions

  1. Fogarty v. StateSupreme Court of Georgia · 1888
  2. Cobb v. StateSupreme Court of Georgia · 1900
  3. Newsome v. StateSupreme Court of Georgia · 1878
  4. Jarrett v. StateCourt of Appeals of Georgia · 1930

3Cited by8 opinions

  1. Scoggins v. StateCourt of Appeals of Georgia · 1958
  2. McGuire v. StateCourt of Appeals of Georgia · 1987
  3. James v. StateCourt of Appeals of Georgia · 1944
  4. Crow v. StateCourt of Appeals of Georgia · 1952
  5. Tyree v. StateCourt of Appeals of Georgia · 1946

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