Shivers v. The State Of Ga.
| Decision Date | 31 July 1874 |
| Citation | 53 Ga. 149 |
| Parties | Sidney C. Shivers, plaintiff in error. v. The State of Georgia,defendant in error. |
| Court | Georgia Supreme Court |
Criminal law. Embezzlement. Evidence. Continuance. Before Judge Pottle. Hancock Superior Court. April Term, 1874.
*Shivers was indicted for the offense of embezzling $11,000 00, collected by him as tax collector for the county of Hancock, during the year 1871. He pleaded not guilty. When the case was called for trial, he moved for a continuance on the ground that the indictment had been found only two days previous thereto, and his counsel had been constantly engaged in the business of the court to the exclusion of any opportunity of making preparation in the case, or even of consulting with his client. The motion was overruled and defendant excepted.
It was shown by the prosecution that the defendant was the tax collector of Hancock county; that the state tax, assessed for the year 1871, on the taxable property of said county, was $11,000 00; that the defendant had collected various amounts from divers tax-payers during that year; that when the solicitor general, as agent for the comptroller general and treasurer of the state, demanded the $11,000 00 from him, he replied that he had collected and used the money and did not then have a dollar, but that "if they would give him a chance he would make it and pay it."
The solicitor general tendered in evidence the following papers:
Also, certificate from the treasurer, in similar form to transcript from his books covering all payments into the treasury during the month of December, 1874, from whatever source, among which none appeared as having been made by the defendant.
This evidence was objected to, but was admitted by the court, and defendant excepted.
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McLendon v. State
...to aid in the preparation of his defense in advance of the trial of the case. Hall v. State, 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.A......
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Manley v. State, (No. 6160.)
...administered the affairs of this bank. For this reason the court did not err in admitting these records over the objections urged. Shivers v. State, 53 Ga. 149. 5. In 47 grounds of his motion for new trial the defendant assigns error upon the admission, over his objections, of various lette......
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Stamper v. State
...251, 74 S. E. 1100 (1); Renfroe v. State, 8 Ga. App. 676, 70 S. E. 70(1); Grusin v. State, 10 Ga. App. 149, 75 S. E. 350(1); Shivers v. State, 53 Ga. 149(1); Lewis v. State, 89 Ga. 803, 15 S. E. 772; Jones v. State. 115 Ga. 814, 42 S. E. 271 (2); Fitzgerald v. State, 126 Ga. 556, 55 S. E. 4......
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Duke v. State, 39050
...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, 115 Ga. 814, 42 S.E. 271. It is the defendant's duty to employ an attorney to aid in the preparation of his defens......