Bird v. State
Supreme Court of Georgia
Criminal law. Continuance. Jury. Practice in the Superior Court, Evidence. Before Judge James Johnson. .Muscogee Superior Court. November Term, 1874. Tom.
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Criminal law. Continuance. Jury. Practice in the Superior Court, Evidence. Before Judge James Johnson. .Muscogee Superior Court. November Term, 1874. Tom. Bird ivas placed on trial for the offense of burglary. ’The defendant moved for a continuance on the ground that he had been confined in jail since October, 1873 ; that he had subpoenaed a witness by the name of Driver Reid, who had theretofore resided in Tuskegee, Alabama, but had recently ‘moved to Wacoochee Yalley in the same state; that the witness could not attend court on account of sickness in his family; that he expected to have him…
1Opinion of the Court
Trippe, Judge.
1. It is sufficient to say upon the first point that the court did not abuse its discretion in refusing the continuance.
2. The minutes of the court showed that the grand jury who found the bill at a previous’term “retired to their room, selected William H. Hughes as their foreman, returned into court and were duly impanneled, to-witand then the names of the jurors were set forth in full on the minutes. The issue made by the plea on this point could be determined by the minutes, and there was no error in the judgment that it ap*605peared from the record the jury were duly sworn. The…
2Cited by1 opinion
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