Bailey v. State

Court of Appeals of Georgia

Bailey v. State

176 S.E. 909, 50 Ga. App. 92, 1934 Ga. App. LEXIS 635

CourtCourt of Appeals of Georgia

DecidedNovember 2, 1934

Docket24322

StatusPublished

Cited by2 cases

This text of 176 S.E. 909 (Bailey v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bailey v. State, 176 S.E. 909, 50 Ga. App. 92, 1934 Ga. App. LEXIS 635 (Ga. Ct. App. 1934).

Pincite

Opinion

Broyles, O. J.

1. “It is a constitutional right of a defendant in a criminal case to have the benefit of counsel (Civil Code, § 6361) ; but he can waive this right. If the record shows that the accused did not have counsel, it is not cause for a new trial, unless it further appears that the right to have counsel was denied him.” Gatlin v. State, 17 Ga. App. 406 (87 S. E. 151). It does irot appear from the record in this case that the accused was denied his constitutional right to have counsel. The case of Cook v. State, 48 Ga. App. 224 (172 S. E. 471), cited by counsel for the plaintiff in error, is distinguished by its particular facts from the Gatlin ease, supra, and the instant case.

[93]*93Decided November 2, 1934.

2. The court sufficiently instructed the jury upon the law of circumstantial evidence.

3. The verdict was authorized by the evidence.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur. Willis Smith, for plaintiff in error. Emmett Smith, solicitor, contra.

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Broyles, O. J.

1. “It is a constitutional right of a defendant in a criminal case to have the benefit of counsel (Civil Code, § 6361) ; but he can waive this right. If the record shows that the accused did not have counsel, it is not cause for a new trial, unless it further appears that the right to have counsel was denied him.” Gatlin v. State, 17 Ga. App. 406 (87 S. E. 151). It does irot appear from the record in this case that the accused was denied his constitutional right to have counsel. The case of Cook v. State, 48 Ga. App. 224 (172 S. E. 471), cited by counsel for the plaintiff in error, is distinguished by its particular facts from the Gatlin ease, supra, and the instant case.

[93]*93Decided November 2, 1934.

2. The court sufficiently instructed the jury upon the law of circumstantial evidence.

3. The verdict was authorized by the evidence.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur. Willis Smith, for plaintiff in error. Emmett Smith, solicitor, contra.

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Bluebook (online)

176 S.E. 909, 50 Ga. App. 92, 1934 Ga. App. LEXIS 635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-state-gactapp-1934.

Opinion

3. The verdict was authorized by the evidence.

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