Cliett v. State

Decision Date11 February 1909
Citation63 S.E. 626,132 Ga. 36
CourtGeorgia Supreme Court
PartiesCLIETT . v. STATE.
1. Criminal Law (§ 784*) — Instructions-Circumstantial Evidence.

The case was not one depending wholly upon circumstantial evidence, and it furnished no ground for a new trial that the court failed to charge the law touching such evidence.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. § 1883; Dec. Dig. § 784.*]

2. Instructions.

The charge which was given did not make it erroneous not to instruct the jury fully on the subject mentioned.

3. Criminal Law (§ 593*) — Continuance — Absence of Attorney.

The refusal to grant a continuance on the ground of the absence of one of the attorneys for the defendant furnished no cause of reversal, where the defendant testified and introduced evidence to show that he relied mainly on the attorney who was present and whom he employed, and that the absent attorney had been retained by members of his family, and failed to show a ground for such absence which would require the case to be postponed.

[Ed. Note.—For other cases, see Criminal Law, Cent.. Dig. i 1320; Dec. Dig. § 593.*]

4. Sufficiency of Evidence.

The evidence sustained the verdict.

(Syllabus by the Court.)

Error from Superior Court, Turner County; W. N. Spence, Judge.

Lucius Cliett was convicted of crime, and brings error. Affirmed.

R. L. Tipton, Arthur S. Bussey, and John R. Cooper, for plaintiff in error.

W. E. Wooten, Sol. Gen., and John C. Hart, Atty. Gen., for the State.

LUMPKIN, J. Judgment affirmed. All the Justices concur.

*.For other cases see same topic and section NUMBER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes

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