115 Ga. 17 | Ga. | 1902
From the record in this case we gather the following facts: At a special term of the superior court of Whitfield county, held on the 19th and 20th days of November, 1901, Bill Collier was indicted for rape, charged to have been committed, in that county, on the 15th day of November, 1901. His trial was had during the two days named. On the last-mentioned day he was found guilty, and immediately sentenced to be hung. The court was adjourned within ten or fifteen minutes after sentence was pronounced. Subsequently a motion for a new trial was made, which recites that the movant comes, “on this 3rd day of December, 1901,” and moves the court to set the verdict aside and grant a new trial. The grounds set out in this motion are the general ones. It does not appear that this motion was tendered to the judge, or acted upon by him, until the 12th of December, 1901, on which day the motion was amended by the addition of several special grounds. Appended to the motion is an order, approving the grounds of both the original and amended motion, and calling on the solicitor-general to show cause, at Dalton, on the 18th of . December, 1901, why the motion should not be granted. This order was signed by the judge on the 12th day of December, in vacation. The motion was partially heard on the 18th, and then, by written order, continued until the 23rd of December, 1901, on which last day it was, by written order, overruled. It will be seen that everything connected with the motion for a new trial took
Judgment reversed, with direction.