Baldwin v. State

Court of Appeals of Georgia

Baldwin v. State

223 S.E.2d 10, 137 Ga. App. 32, 1975 Ga. App. LEXIS 1198

CourtCourt of Appeals of Georgia

DecidedNovember 21, 1975

Docket51462

StatusPublished

Cited by4 cases

This text of 223 S.E.2d 10 (Baldwin 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

Baldwin v. State, 223 S.E.2d 10, 137 Ga. App. 32, 1975 Ga. App. LEXIS 1198 (Ga. Ct. App. 1975).

Pincite

Opinion

Stolz, Judge.

Rayfield Baldwin was indicted, tried, and convicted of arson in the first degree. On the afternoon before the trial, defense counsel requested and received a list of the ten state witnesses, six of whose names had been written on the indictment that afternoon by the district attorney. When the case was called the following day, the defendant moved for a continuance, which was denied. Held:

The defendant, having demanded the list of witnesses within the time prescribed by Code Ann. § 27-1403, was entitled to a continuance absent a showing by the state that the defendant otherwise was put on notice as to the scheduled witnesses or, alternatively, could not have been prejudiced thereby. Parham v. State, 135 Ga. App. 315 (217 SE2d 493).

Since we reverse this case on the above ground, it is unnecessary to reach the appellant’s other enumerations of error.

Judgment reversed.

Deen, P. J., and Evans, J., concur.

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