Shivers v. The State Of Ga.
| Court | Supreme Court of Georgia |
| Writing for the Court | Warner, Chief Justice |
| Citation | 53 Ga. 149 |
| Parties | Sidney C. Shivers, plaintiff in error. v. The State of Georgia,defendant in error. |
| Decision Date | 31 July 1874 |
53 Ga. 149
Sidney C. Shivers, plaintiff in error. v. The State of Georgia, defendant in error.
Supreme Court of the State of Georgia
(Atlanta, July Term, 1874.)
[53 Ga. 150]
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:
"Hancock County, S. C. Shivers, Tax Collector:
--------------------------------------------------------------
|"To general and poll tax, 1871 |$12,076 77|
|-------------------------------------------------|----------|
|"1873. January 8th, by general tax paid treasurer|284 05 |
|-------------------------------------------------|----------|
|" " poll " " " |513 00 |
--------------------------------------------------------------
"Office of the Comptroller General
"of the State of Georgia,
"Atlanta, Ga., January 24, 1874.
"I, W. L. Goldsmith, comptroller general of the state of Georgia, do hereby certify that the above and foregoing account of S. C. Shivers, tax collector of the county of Hancock, in said state, for the year 1871, is a full, true and complete exemplification taken from the books on file in this office, and there required to be kept by law, in which the accounts with
[53 Ga. 151]said state, of all the tax collectors thereof, are kept and recorded *according to law; that said account is...
To continue reading
Request your trial
-
McLendon v. State, 45719
...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.App. 632......
-
Manley v. State, (No. 6160.)
...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 letters written, a......
-
Manley v. State, 6160.
...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 letters written, a......
-
Stamper v. State, (No. 9432.)
...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. 4S2(1)......
-
McLendon v. State, 45719
...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.App. 632......
-
Manley v. State, (No. 6160.)
...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 letters written, a......
-
Manley v. State, 6160.
...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 letters written, a......
-
Stamper v. State, (No. 9432.)
...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. 4S2(1)......