Reliford v. State

• Decision Date: 11 November 1913
• Citation: 140 Ga. 777,79 S.E. 1128
• Parties: RELIFORD. v. STATE.
• Court: Georgia Supreme Court

79 S.E. 1128

(140 Ga. 777)

RELIFORD.

v.STATE.

Supreme Court of Georgia.

Nov. 11, 1913.

(Syllabus by the Court.)

1. Criminal Law (§ 641*)—Continuance-Discretion—"Benefit of Counsel."

Counsel, appointed by the court to represent the accused on trial for his life, were allowed only ten minutes to confer before entering upon the trial and after such conference announced to the court that they "had not had the proper time to prepare the defense, " and for this reason they moved for a continuance to a subsequent adjourned term, which motion was overruled. The trial proceeded and terminated in a verdict of guilty, and the accused was sentenced to be hung. Held, that it was not a sound exercise of the discretion of the court to deny the continuance without at least offering in lieu of it to postpone the trial for a reasonable time to afford counsel opportunity to prepare the defense.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 1496-1505; Dec. Dig. § 641.*]

(Additional Syllabus by Editorial Staff.)

2. Words and Piirases—"Benefit of Counsel."

The guaranty of "benefit of counsel" to accused, given in the Bill of Rights of Const, art. 1, § 1, par. 5 (Civ. Code 1910, § 6361), moans more than the mere appointment by the court of counsel to represent the accused and implies also that such counsel be given a reasonable time for preparation to properly represent the accused at the trial.

Error from Superior Court, Liberty County; Frank Park, Judge.

Dorsey Reliford was convicted of murder, and brings error. Reversed.

Ben A. Way, S. B. Brewton, and O. C. Darsey, all of Hinesville, and H. H. Elders, of Reidsville, for plaintiff in error.

N. J. Norman, Sol. Gen., of Savannah, and T. S. Felder, Atty. Gen., for the State.

FISH, C. J. On Tuesday, February 18, 1913, during the regular February term of the superior court of Liberty county, an indictment was found against Dorsey Reliford, charging him with the offense of murder, alleged to have been committed on October 30, 1912. The case was called for trial on Friday, February 21, 1913, at that term of the court. Upon the call of the case for trial Mr. Darsey, an attorney, stated to the court: That on the next preceding Friday "he was spoken to by defendant and agreed to represent him, provided the defendant would employ James R. Thomas to assisthim; that he [Darsey] had been recently admitted to the bar; that, this being his first appearance as an attorney, he did not feel authorized to take a case of that importance alone; that the defendant had failed to employ Mr. Thomas, not being able to arrange his fee; and that Mr. Thomas had returned to his home in another county." The court then appointed attorneys B. A. Way, S. B. Brewton, and H. H. Elders to assist Mr. Darsey and gave them ten minutes in which to confer. After the consultation Mr. Way asked the court to continue the case until the May adjourned term upon the ground "that [such counsel] had not had proper time to prepare the defense in a case where the person's life was at stake." The solicitor general stated to the court "that the defendant had been in jail about 3 1/2 months before the court convened, and that it was not a bonded case and ought to be disposed of." The motion for a continuance was overruled. The trial was immediately entered upon, and a verdict of guilty was returned. One of the grounds of the motion made for new trial by the accused was that the court erred in refusing to continue the case upon the showing above set forth. A new trial was refused, and the accused excepted.

It is declared in our Bill of Rights (Civil Code 1910, § 6361) that "every person charged with an offense against the laws of this state shall have the privilege and benefit of counsel." This constitutional...