Brown v. State
216 S.E.2d 356, 134 Ga. App. 771, 1975 Ga. App. LEXIS 2166
This text of 216 S.E.2d 356 (Brown 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
Brown v. State, 216 S.E.2d 356, 134 Ga. App. 771, 1975 Ga. App. LEXIS 2166 (Ga. Ct. App. 1975).
Opinion
The D. A. was ready
His case was red-hot.
Defendant was present,
His witness was not. 1
*772 He prayed one day’s delay
From His honor the judge.
But his plea was not granted
The Court would not budge. 2
So the jury was empaneled
All twelve good and true
But without his main witness
What could the twelve do? 3
The jury went out
To consider his case
And then they returned
The defendant to face.
"What verdict, Mr. Foreman?”
The learned judge inquired.
"Guilty, your honor.”
On Brown’s face — no smile.
"Stand up” said the judge,
Then quickly announced
"Seven years at hard labor”
Thus his sentence pronounced.
*773 "This trial was not fair,”
The defendant then sobbed.
”With my main witness absent
I’ve simply been robbed.”
".I want a new trial —
State has not fairly won.”
"New trial denied,”
Said Judge Dunbar Harrison.
"If you still say I’m wrong,”
The able judge did then say
"Why not appeal to Atlanta?
Let those Appeals Judges earn part of their pay.”
"I will appeal, sir” —
Which he proceeded to do —
"They can’t treat me worse
Than I’ve been treated by you.”
So the case has reached us —
And now we must decide
Was the guilty verdict legal —
Or should we set it aside?
Justice and fairness
Must prevail at all times;
This is ably discussed
In a case without rhyme. 4
The law of this State
Does guard every right
Of those charged with crime
Fairness always in sight.
To continue civil cases
The judge holds all aces.
But it’s a different ball-game
In criminal cases. 5
Was one day’s delay
Too much to expect?
Could the State refuse it
With all due respect?
Did Justice applaud
Or shed bitter tears
When this news from Savannah
First fell on her ears?
We’ve considered this case
Through the night — through the day.
As Judge Harrison said,
"We must earn our poor pay. ”
This case was once tried —:
But should now be rehearsed
And tried one more time.
This case is reversed!
Judgment reversed.
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Related
Russell v. State
372 S.E.2d 445 (Court of Appeals of Georgia, 1988)
Walker v. State
226 S.E.2d 274 (Court of Appeals of Georgia, 1976)
Ware v. State
224 S.E.2d 873 (Court of Appeals of Georgia, 1976)
Lumpkin v. State
222 S.E.2d 669 (Court of Appeals of Georgia, 1975)
Cite This Page — Counsel Stack
Bluebook (online)
216 S.E.2d 356, 134 Ga. App. 771, 1975 Ga. App. LEXIS 2166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-state-gactapp-1975.