8 Ga. App. 412 | Ga. Ct. App. | 1910
Where the accused was indicted on Monday, without any previous notice of the prosecution, and placed in jail on Tuesday, and the sheriff subpoenaed one Henry Milton, instead of Milton Milton, who was the witness desired bjr the defendant, and it was made to appear that the testimony of the absent witness was most material to the defense, it was error to rule the defendant to trial, especially as his