Allen v. State
Supreme Court of Georgia
Motion for new trial. Before Judge Candler. Bibb’superior court. June 12, 1897. Thomas Allen was convicted of murder, and upon the overruling of his motion for a new trial he brought a bill of exceptions, pending which he escaped from custody, and having failed to surrender himself, and not having been rearrested, the writ of error wTas finally dismissed on May 16, 1895. Subsequently he was rearrested; and upon a certificate of Judge Felton of his disqualification to preside…
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Motion for new trial. Before Judge Candler. Bibb’superior court. June 12, 1897. Thomas Allen was convicted of murder, and upon the overruling of his motion for a new trial he brought a bill of exceptions, pending which he escaped from custody, and having failed to surrender himself, and not having been rearrested, the writ of error wTas finally dismissed on May 16, 1895. Subsequently he was rearrested; and upon a certificate of Judge Felton of his disqualification to preside in the case, and at his request, Judge Candler took jurisdiction and sentenced the defendant from the judgment of the…
1Opinion of the CourtLittle, J.
The plaintiff in error was convicted of murder in the superior court of Bibb; one of the counties of this State, which is included in the Macon judicial circuit. The questions which are presented here arose on the hearing of an extraordinary motion for a new trial, which was overruled by Judge Candler, judge of the Stone Mountain judicial circuit, and may be stated in a general way to be: First, did the judge who passed on the motion have jurisdiction to entertain and determine it? Second, did he commit error in overruling the motion and resentencing the' plaintiff in error? The specific…
2Cases cited9 opinions
- Myers v. StateSupreme Court of Georgia · 1895
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