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137 Ga. App. 32

223 S.E.2d 10

Baldwin v. State

Court of Appeals of Georgia

Decided November 21, 1975

Court of Appeals of Georgia · decided 1975-11-21

Relies on 135 Ga. App. 315 - Parham v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1975-11-21

How this case has been cited

Cited by 4 later decisions — most recently October 1993

4 state decisions

20197519801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Stolz, Judge.

¶1 Rayfield Baldwin was indicted, tried, and convicted of arson in the first degree. On the afternoon before the trial, defense counsel requested and received a list of the ten state witnesses, six of whose names had been written on the indictment that afternoon by the district attorney. When the case was called the following day, the defendant moved for a continuance, which was denied. Held:

¶2 The defendant, having demanded the list of witnesses within the time prescribed by Code Ann. § 27-1403, was entitled to a continuance absent a showing by the state that the defendant otherwise was put on notice as to the scheduled witnesses or, alternatively, could not have been prejudiced thereby. Parham v. State, 135 Ga. App. 315 (217 SE2d 493).

¶3 Since we reverse this case on the above ground, it is unnecessary to reach the appellant’s other enumerations of error.

¶4 Judgment reversed.

Deen, P. J., and Evans, J., concur.
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