Haywood v. State

• Decision Date: 09 December 1913
• Docket Number: 5,277.
• Parties: HAYWOOD v. STATE.
• Court: Georgia Court of Appeals

80 S.E. 213

14 Ga.App. 114

HAYWOOD v. STATE.

No. 5,277.

Court of Appeals of Georgia

December 9, 1913

Syllabus by the Court.

Where, in a criminal case, the accused introduces no testimony, his counsel is entitled to open and conclude the argument to the jury. This rule is not varied by reason of the mere offer of testimony by the accused, which is rejected by the court.

Under the ruling made by this court in Mulkey v. State, 1 Ga.App. 522, 57 S.E. 1022, which has been consistently adhered to since its rendition, the conviction of the plaintiff in error was not authorized. Among the later decisions see Brooks v. State, 12 Ga.App. 104, 76 S.E. 765; Hudson v. State, 12 Ga.App. 535, 77 S.E. 828.

Error from City Court of Camilla; R. D. Bush, Judge.

Asbury Haywood was convicted of obtaining money under a contract of employment with intent to defraud, and brings error. Reversed.

E. E. Cox, and Mayo & Cox, all of Camilla, and A. S. Johnson, of Newton, for plaintiff in error.

POTTLE, J.

Judgment reversed.