Supreme Court of Georgia, 1906

Fears v. State

Fears v. State
Supreme Court of Georgia · Decided July 2, 1906 · Reck
125 Ga. 739; 54 S.E. 667; 1906 Ga. LEXIS 249
Fears v. State

Cases that cite this one

6 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Reck, J.

1. A ground of a motion for a new trial, after conviction in a misdemeanor case, that the fine imposed was excessive, is without merit. Hill v. State, 122 Ga. 166.

2. Where, in the trial of one charged with a misdemeanor, upon arraignment of the prisoner the indictment was read to him by the solicitor-general and a plea of not guilty was entered, no other or more formal arraignment 'was required. Penal Code, § 946; 12 Cye. 344, and citations.

3. The failure to furnish the accused or his counsel with a copy of the indictment and list of witnesses, in the absence of a demand therefor, does not constitute a valid ground for setting aside the verdict of guilty. Penal Code, §945.

4. The evidence authorized the verdict, and the court did not err in refusing a new trial.

Judgment affirmed.

All the Justices concur, except Fish, G. J., absent. O. M. Duke, for plaintiff in error. O. H. B. ■Bloodworth, solicitor-general, and W. P. Bloodworth, contra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.