Walton v. The State Of Ga.

• Decision Date: 31 October 1887
• Citation: 79 Ga. 446
• Parties: Walton. vs. The State of Georgia.
• Court: Georgia Supreme Court

79 Ga. 446

Walton. vs. The State of Georgia.

Supreme Court of the State of Georgia

OCTOBER TERM, 1887.

Criminal Law. Murder. Continuance. Dying Declarations. Practice in Supreme Court. Charge of Court. Before Judge John T. Clarke. Terrell Superior Court. May Term, 1887.

The bill of exceptions in this case contains the following statement in reference to the motion for a continuance:

"Messrs. Griggs and Hoy. were assigned to the defence on Monday about 3 p. m., and the trial began Wednesday at 9 a. m. The bill wasbrought in Tuesday morning. The court announced to counsel, as soon as appointed, that they might have private consultation with the prisoner at any time. The prisoner was Kept in the courtroom all Monday afternoon and all of Tuesday, The trial at Jack Tyson began Tuesday morning at 9 o\'clock; it ended about 3 p. m. the same day. As soon as Tyson\'s case ended, Walton\'s case was called for trial, when counsel requested till morning, ana the court set the case for the first on Wednesday. Upon reaching it on Wednesday, the motion for continuance for the term was made, on the general ground that the bill had been so recently found, and that counsel did not feel prepared. It was not then stated to the court chat consultation had not taken place with defendant, nor did they ask for further time to consult with him. One of the counsel, who led in prosecuting the motion, spoke more of a personal disinclination to be burdened with the defence. The court inquired if all of the witnesses for defendant were present, and it was admitted that they were."

G. W. Warwick; J. M. Griggs; L. C. Hoyl, by J. G. Parks and J. H. Lumpkin, for plaintiff in error.

Clifford Anderson, attorney-general, by brief; J. H. Guerry, solicitor-general, for the State.

Blandford, Justice.

Walton was indicted, tried, convicted and sentenced to be hanged for the crime of murder, in the county of Terrell. He moved for a new trial on several grounds; the motion was overruled, and he excepted. The 1st, 2d and 3d grounds of the motion for new trial are the usual grounds, that the verdict is contrary to law and to the evidence. The 4th ground is, that the court erred in not granting a continuance of the case, counsel for the defendant having stated that they were not prepared for trial, not having had an opportunity to look into the case and make due preparation. The crime was committed on Friday night, the deceased died on Saturday, and the bill of indictment was returned into court on the Tuesday following, counsel having been assigned to the defendant on Monday morning. The court set the case for the following Wednesday, and on Wednesday it was called for trialand counsel for the defendant moved to continue. The motion was overruled and the case proceeded to trial.

1. There was nothing peculiar in the facts of this case to require further time for preparation on the part of counsel for the accused. It affirmatively appears that all of the witnesses, both for the State and for the defendant, were present in court, although the defendant introduced no witnesses. The killing was admitted; and it was either murder or manslaughter; the jury found it to be murder, and we think that their finding was right. We do not see that the court erred in refusing to continue the case. This case differs from Blachman vs. The State, 76 Ga. 288, cited by counsel for the plaintiff in error. In that case the defendant was in jail in an adjoining county, and his counsel, who had been assigned to him on Tuesday, were unable to confer with him until the evening before the trial on Friday; besides, it was an intricate case, depending on circumstantial evidence; and we thought it required further preparation on the part of counsel to defend; hence we deemed it proper to grant a new trial.

The case of Moody vs. the State, 54 Ga. 660, is much stronger than the present case. There counsel moved to continue for want of preparation, and the motion was much better fortified...