Sutton v. State
This text of 168 S.E. 911 (Sutton 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.
Opinion
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.
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Cite This Page — Counsel Stack
168 S.E. 911, 46 Ga. App. 664, 1933 Ga. App. LEXIS 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sutton-v-state-gactapp-1933.