Rosenbrook v. The State Of Ga.
| Decision Date | 31 October 1886 |
| Parties | Rosenbrook. vs. The State of Georgia. |
| Court | Georgia Supreme Court |
Criminal Law. Laws. Practice in Superior Court. Before Judge Harden. City Court of Savannah. February Term, 1886.
Reported in the decision.
Garrard & Meldrim, for plaintiff in error.
F. G. duBignon, solicitor-general, for the State
The plaintiff in error was indicted and found guilty for the offence of keeping open a tippling-house on the Sabbath day. He moved for a new trial, which was refused; he excepted, and error is assigned thereon.
That the accused was guilty is most manifest from the evidence in the case. The main question insisted on is, that the court erred in calling the case out of its order as it was placed on the docket, the accused objecting thereto, but assigning no special reason why he was injured or otherwise prejudiced in the court so doing. But he relied on section 4710 of the code, which section enacts that the cases on the criminal docket shall be called in the order in which they stand on the docket, unless the defendant be in jail, or otherwise in the sound discretion of the court. This statute is directory only and not mandatory. 2d. The provision, exception or statement, "or otherwise in the discretion of the court" contained in the section, it would seem, settled the right of the judge to call the docket in his discretion; and 3d, even if the judge had no right to call the docket and take up a case out of its order, before a party could be heard to object, he must show injury to himself resulting from the act of the court.
Judgment affirmed.
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...519 S.E.2d 687. Moreover, in order to secure a reversal on this basis, harm as well as an abuse of discretion must be shown. Rosenbrook v. State, 78 Ga. 111, hn. 2 (1886); State v. Jessup, 187 Ga.App. 429, 430, 370 S.E.2d 489 (1988) (physical precedent only); Merrill v. State, 130 Ga.App. 7......
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Williams v. State
...of the Court.' Code Ann. § 27-1301 (Code § 27-1301) [now OCGA § 17-8-1]. This code section is 'directory and not mandatory ...' Rosenbrook v. State, 78 Ga. 111(2); Barrentine v. State, 136 Ga.App. 802(3), 222 S.E.2d 103; In re Pending Cases, Augusta Judicial Circuit, 234 Ga. 264, 268, 215 S......
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Cuzzort v. State, S99A1120.
...a discretionary rule rather than a mandatory one, this discretion lies with the trial judge and not the district attorney. Rosenbrook v. State, 78 Ga. 111(2) (1886); Williams v. State, 188 Ga.App. 496(3), 373 S.E.2d 281 (1988). While a trial judge may in his discretion call cases out of ord......
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Ramsey v. State, 67734
...of the court." This code section is directory, not mandatory. Merrill v. State, 130 Ga.App. 745, 204 S.E.2d 632 (1974); Rosenbrook v. State, 78 Ga. 111 (1886). "The decision as to when a case is called for trial does not rest with the defendant." Garner v. State, 159 Ga.App. 244, 246, 282 S......