Sutton v. State

168 S.E. 911, 46 Ga. App. 664, 1933 Ga. App. LEXIS 170
Court of Appeals of Georgia·Decided March 24, 1933·No. 22893·Published·Cited by 2 cases

Opinion

Broyles, C. J.

On the call of the case the defendant made a motion for a continuance, based upon the absence of an alleged material witness for his defense. The motion complied with all the requirements of section 987 of the Penal Code of 1910, and there was no counter-showing by the State. Under the foregoing facts the refusal .to grant the continuance was error. In the motion for a new trial counsel for the defendant properly assigned error on such refusal. Exceptions pendente lite to such a judgment are not necessary.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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Sutton v. State, 168 S.E. 911, 46 Ga. App. 664, 1933 Ga. App. LEXIS 170 (Ga. Ct. App. 1933).

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