Banks v. State

Supreme Court of Georgia

Banks v. State

39 S.E. 947, 114 Ga. 115, 1901 Ga. LEXIS 596

CourtSupreme Court of Georgia

DecidedNovember 7, 1901

StatusPublished

Cited by4 cases

This text of 39 S.E. 947 (Banks v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banks v. State, 39 S.E. 947, 114 Ga. 115, 1901 Ga. LEXIS 596 (Ga. 1901).

Pincite

Opinion

Simmons, C. J.

1. Where a demurrer to an indictment is overruled, a bill of exceptions complaining of this judgment must, under the Civil Code, § 5540, be tendered within twenty days from the date of the judgment. If the accused is convicted and a motion for new trial made and overruled, and a bill of exceptions, complaining of the overruling of the demurrer and of the refusal of a new trial, is tendered within twenty days from the date of the refusal to grant a new trial but not within twenty days from the overruling of the demurrer, the writ of error will not be dismissed, but the exceptions relating to the refusal of a new trial will alone be considered.

2. Under the facts disclosed by the evidence of the defendant and the counter-showing made by the State, there was no error in refusing a continuance. The court did not err in the charge of which complaint is made, nor in the admission of evidence; and the verdict was authorized by the evidence.

Judgment affirmed.

All the Justices concurring.

Free access — add to your briefcase to read the full text and ask questions with AI

Simmons, C. J.

1. Where a demurrer to an indictment is overruled, a bill of exceptions complaining of this judgment must, under the Civil Code, § 5540, be tendered within twenty days from the date of the judgment. If the accused is convicted and a motion for new trial made and overruled, and a bill of exceptions, complaining of the overruling of the demurrer and of the refusal of a new trial, is tendered within twenty days from the date of the refusal to grant a new trial but not within twenty days from the overruling of the demurrer, the writ of error will not be dismissed, but the exceptions relating to the refusal of a new trial will alone be considered.

2. Under the facts disclosed by the evidence of the defendant and the counter-showing made by the State, there was no error in refusing a continuance. The court did not err in the charge of which complaint is made, nor in the admission of evidence; and the verdict was authorized by the evidence.

Judgment affirmed.

All the Justices concurring.

Cite This Page — Counsel Stack

Bluebook (online)

39 S.E. 947, 114 Ga. 115, 1901 Ga. LEXIS 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-state-ga-1901.

Opinion

Related

Cite This Page — Counsel Stack