Banks v. State
| Decision Date | 07 November 1901 |
| Citation | Banks v. State, 114 Ga. 115, 39 S.E. 947 (Ga. 1901) |
| Parties | BANKS v. STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1.Where a demurrer to an indictment is overruled, a bill of exceptions complaining of this judgment must, under section 5540 of the Civil Code, be tendered within 20 days from the date of the judgment.If the accused is convicted, and a motion for a 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 20 days from the date of the refusal to grant a new trial, but not within 20 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, not in the admission of evidence, and the verdict was authorized by the evidence.
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Hightower v. State
... ... criminal case must be made the ground of a special exception ... preserved pendente lite, or must be presented in a bill of ... exceptions which has been certified within 20 days from the ... ruling of which complaint is made." Wheeler v ... State, 4 Ga.App. 325(6), 61 S.E. 409. See Banks v ... State, 114 Ga. 115(1), 39 S.E. 947; Trammell v ... Shirley, 38 Ga.App. 713, Rule 4, 145 S.E. 486, 488, and ... cases cited ... 2 ... There is no merit in any of the grounds of the motion for a ... new trial based upon the refusal to give to the jury certain ... ...
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Hightower v. State, (No. 20061.)
...within 20 days from the ruling of which complaint is made." Wheeler v. State, 4 Ga. App. 325(6), 61 S. E. 409. See Banks v. State, 114 Ga. 115(1), 39 S. E. 947; Trammell v. Shirley, 38 Ga. App. 713, Rule 4, 145 S. E. 486, 488, and cases cited. 2. There is no merit in any of the grounds of t......