Duke v. State, No. 39050
| Court | Georgia Court of Appeals |
| Writing for the Court | TOWNSEND |
| Citation | 104 Ga.App. 494,122 S.E.2d 127 |
| Parties | Alex DUKE v. STATE |
| Decision Date | 28 September 1961 |
| Docket Number | No. 2,No. 39050 |
Page 127
v.
STATE.
Page 128
J. Laddie Boatright, Douglas, for plaintiff in error.Jack W. Ballenger, Sol. Gen., Baxley, for defendant in error.
Syllabus Opinion by the Court.
[104 Ga.App. 494] TOWNSEND, Presiding Judge.
1. Where an indictment was returned against the defendant at the September, 1960, term of the Superior Court of Jeff Davis County, and the defendant took no action at that term or the following December term, it was not error, on the call of the case for arraignment and trial at the March, 1961, term for the court to deny a motion for continuance made on the sole ground that counsel had only been employed the day before and wished additional time to prepare special demurrers to the indictment. The defendant must be afforded benefit of counsel, and this includes time sufficient for counsel to prepare for trial, but where the defendant was apprised of the charge against him at a previous term of court and himself fails or neglects to procure counsel or ask the court to do so for him there is no error in refusing a request for additional time on the ground that the counsel has himself had insufficient time to prepare the defense. Shivers v. State, 53 Ga. 149; Jones v. State, [104 Ga.App. 495] 115 Ga. 814, 42 S.E. 271. It is the defendant's duty to employ an attorney to aid in the preparation of his defense sufficiently in advance of the trial of the case. Hall v. State, 22 Ga.App. 112, 95 S.E. 936.
2. 'The right of the accused to have his counsel present during the entire trial of his case has been recognized by this court in a number of other cases. Smith v. State, 60 Ga. 430; Lassiter v. State, 67 Ga. 739; Roberson v. State, 135 Ga. 654, 70 S.E. 175; Richards v. State, 136 Ga. 67, 70 S.E. 868; Baldwin v. State, 138 Ga. 349, 75 S.E. 324.' Borwn v. State, 151 Ga. 497, 500, 107 S.E. 536, 538. In that case the ruling in O'Bannon v. State, 76 Ga. 29, to the effect that it was not error to receive a verdict in the absence of the defendant's counsel, the defendant himself being present, was disapproved. The right of counsel to be present and to poll the jury upon the return of the verdict is a material right, and in the absence of a waiver by the defendant or his counsel, or at least of the implied waiver resulting from voluntarily absenting himself in such manner as not to be easily located, a new...
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Geiger v. State, No. 47900
...trial. Martin v. State, 51 Ga. 567, 568; Smith v. State, 60 Ga. 430, 432; Roberson v. State, 135 Ga. 654(2), 70 S.E. 175; Duke v. State, 104 Ga.App. 494, 122 S.E.2d 127. But, just as other constitutional and statutory rights may be waived intelligently by an accused (Jones v. Mills, 216 Ga.......
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McLendon v. State, No. 45719
...22 Ga.App. 112(1b), 95 S.E. 936; Shivers v. State, 53 Ga. 149(2). And see Roberts v. State, 32 Ga.App. 339, 123 S.E. 151; Duke v. State, 104 Ga.App. 494, 122 S.E.2d 127; Bradley v. Sherwin, 110 Ga.App. 632(8), 139 S.E.2d It has been held that where a party has had several months in which to......
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Thacker v. State, No. 25494
...was said: 'While it is the right of the defendant to have counsel with him at every stage during the trial of a case (see Duke v. State, 104 Ga.App. 494, 122 S.E.2d 127), no harm resulted to the defendant, where in the absence of his counsel, the court turned the jury over to the sheriff to......
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Bradley v. State, No. 50769
...861. See also Roberson v. State, 135 Ga. 654, 70 S.E. 175; Smith v. State, 60 Ga. 430; Martin v. State, 51 Ga. 567; Duke v. State, 104 Ga.App. 494, 122 S.E.2d But just as other constitutional and statutory rights may be waived intelligently by an accused (Jones v. Mills, 216 Ga. 616, 118 S.......
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Geiger v. State, No. 47900
...trial. Martin v. State, 51 Ga. 567, 568; Smith v. State, 60 Ga. 430, 432; Roberson v. State, 135 Ga. 654(2), 70 S.E. 175; Duke v. State, 104 Ga.App. 494, 122 S.E.2d 127. But, just as other constitutional and statutory rights may be waived intelligently by an accused (Jones v. Mills, 216 Ga.......
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McLendon v. State, No. 45719
...22 Ga.App. 112(1b), 95 S.E. 936; Shivers v. State, 53 Ga. 149(2). And see Roberts v. State, 32 Ga.App. 339, 123 S.E. 151; Duke v. State, 104 Ga.App. 494, 122 S.E.2d 127; Bradley v. Sherwin, 110 Ga.App. 632(8), 139 S.E.2d It has been held that where a party has had several months in which to......
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Thacker v. State, No. 25494
...was said: 'While it is the right of the defendant to have counsel with him at every stage during the trial of a case (see Duke v. State, 104 Ga.App. 494, 122 S.E.2d 127), no harm resulted to the defendant, where in the absence of his counsel, the court turned the jury over to the sheriff to......
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Bradley v. State, No. 50769
...861. See also Roberson v. State, 135 Ga. 654, 70 S.E. 175; Smith v. State, 60 Ga. 430; Martin v. State, 51 Ga. 567; Duke v. State, 104 Ga.App. 494, 122 S.E.2d But just as other constitutional and statutory rights may be waived intelligently by an accused (Jones v. Mills, 216 Ga. 616, 118 S.......