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Terry v. State

Terry v. State, 82 S.E. 635 (Ga. Ct. App. 1914)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
September 1, 1914
Docket
No. 5510
Judges
Russell
Citations
82 S.E. 63515 Ga. App. 1081914 Ga. App. LEXIS 35
Summary
Indictment for sale of liquor; from Douglas superior court— Judge Price Edwards. January 14, 1914.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Russell

Text extracted by OCR from a scanned original; check the original for exact wording.

Russell, C. J.

1. Motions for continuance are addressed to the sound legal discretion of the court. The refusal to continue a criminal ease on account of the absence of a witness can not be said to amount to an abuse of discretion when the evidence upon the showing fails to disclose the whereabouts of the absent witness, or that the witness is within the jurisdiction of the court, so that his attendance can probably be obtained at the next term.

2. The instructions upon the subject of flight were correct in the abstract, and the court did not err therein, since flight may be proved by circumstantial as well as direct evidence.

3. A consideration of the assignments of error as to certain testimnnv admitted over the defendant’s objection is unnecessary, because evidence to the same effect, from other witnesses, was subsequently in the trial introduced without objection.

4. The evidence authorized the verdict, and there was no error in refusing a new trial. Judgment affirmed.

Roam., J., absent.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1916: 11922: 11925: 11931: 21938: 11948: 11964: 11968: 119162026peak 1931 · 2

Relies on it most ⓘ

  1. State v. Black208 P. 851 (Idaho 1922)
  2. Blakely v. State50 S.E.2d 762 (Ga. Ct. App. 1948)
  3. Martin v. State161 S.E. 371 (Ga. Ct. App. 1931)
  4. Kiser Co. v. Barbre129 S.E. 887 (Ga. Ct. App. 1925)
  5. Whitehead v. State158 S.E. 917 (Ga. Ct. App. 1931)
  6. Lewis v. State195 S.E. 303 (Ga. Ct. App. 1938)

Most recent

  1. Weil Bros. Cotton, Inc. v. Harrold Bros.162 S.E.2d 309 (Ga. Ct. App. 1968)
  2. Parker v. Adamson135 S.E.2d 487 (Ga. Ct. App. 1964)
  3. Blakely v. State50 S.E.2d 762 (Ga. Ct. App. 1948)
  4. Lewis v. State195 S.E. 303 (Ga. Ct. App. 1938)
  5. Martin v. State161 S.E. 371 (Ga. Ct. App. 1931)
  6. Whitehead v. State158 S.E. 917 (Ga. Ct. App. 1931)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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