Georgia Court of Appeals, 1933

Sutton v. State

Sutton v. State
Georgia Court of Appeals · Decided March 24, 1933 · Broyles
46 Ga. App. 664; 168 S.E. 911; 1933 Ga. App. LEXIS 170

Sutton v. State

Opinion of the Court

Broyles, C. J.

On the call of the case the defendant made a motion for a continuance, based upon the absence of an alleged material witness for his defense. The motion complied with all the requirements of section 987 of the Penal Code of 1910, and there was no counter-showing by the State. Under the foregoing facts the refusal .to grant the continuance was error. In the motion for a new trial counsel for the defendant properly assigned error on such refusal. Exceptions pendente lite to such a judgment are not necessary.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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