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¶2*786
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¶6Judgment reversed.
88 Ga. 784
Decided March 26, 1892
Supreme Court of Georgia · decided 1892-03-26
<p>1. The use of the plural instead of the singular personal pronoun in a bill of indictment will not vitiate it.</p> <p>2. Where, at the satae term of the court at which an indictment for murder was found, a continuance was applied for on the ground that a material witness was absent, the showing as to him being such as the code, 23522, requires, and on the further ground that counsel employed and relied upon for the conduct and management of the case in all respects except as to making one address to the jury, had only upon the night before the continuance was applied for withdrawn from the case, and that associate counsel, employed alone to make an address to the jury, was unprepared for conducting the trial in any respect, and needed time to make the necessary preparation, it was not a sound exercise of the discretion of the court to deny the continuance without, at least, offering in lieu of it to postpone the trial for a reasonable time to afford opportunity for repairing the consequences of the sudden withdrawal of the counsel who had just abandoned the case.</p> <p>3. It not appearing that evidence was objected to when offered and received, its admission is no cause for a new trial.</p> <p>4. There being no evidence that the accused had rented the room in which he was when the homicide was committed, it was error to b ise a charge to the jury on that hypothesis.</p> <p>5. Where, in a trial for murder, the evidence affords no indication of manslaughter, and would not on any view of the case warrant a verdict for that offence, it is not error for the .court to decline to instruct the jury on the law of manslaughter, but on the contrary, to instruct them that the accused is guilty of murder or nothing.</p>
Cited in Bouvier (1914)’s definition of “Instructions”
Good law ✅— No negative treatment on recordhow we know
Decided 1892-03-26
Cited by 10 later decisions — most recently May 1970
10 state decisions
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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¶6Judgment reversed.