Walker v. State

• Decision Date: 05 June 1912
• Docket Number: (No. 4,129.)
• Citation: 11 Ga.App. 251,74 S.E. 1100
• Parties: WALKER. v. STATE.
• Court: Georgia Court of Appeals

74 S.E. 1100

(11 Ga.App. 251)

WALKER.

v.STATE.

(No. 4, 129.)

Court of Appeals of Georgia.

June 5, 1912.

(Syllabus by the Court.)

1. Criminal Law (§ 590*)—Time for Trial —Continuance.

While ample time to prepare for trial should be allowed to one accused of crime, it is the duty of a defendant, who has given bond for his appearance at a specified term of the city court, to employ counsel and take any other necessary steps essential to his defense in advance of the term of court at which he is bound to appear; and a motion for continuance by one who has waited until the case has sounded for trial to employ his counsel, although he was previously under bond to appear at the court, was properly overruled.

[Ed. Note.—For other cases, see Criminal Law. Cent. Dig. §§ 1316, 1317; Dec. Dig. § 590.*]

2. Criminal Law (§ 400*)—Evidence—Best and Secondary Evidence.

The testimony of a witness who saw certain packages in the hands of a common carrier, and their reception and delivery, is as competent and valuable to show the number of them, and the dates upon which they were received and delivered, as are the records of the common carrier.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 879-886, 1208-1210; Dec. Dig. § 400.*]

3. Sufficiency of Evidence—No Error.

The evidence authorized conviction. It was not error to overrule the motion for a new trial.

Error from City Court of Springfield; J. H. Smith, Judge.

D. L. Walker was convicted of crime, and brings error. Affirmed.

C. T. Guyton, of Guyton, and R. F. C. Smith, of Eden, for plaintiff in error.

R. W. Sheppard, of Guyton, for the State.

RUSSELL, J. Judgment affirmed.