119 Ga. 108 | Ga. | 1903
Cook was tried, at the September term, 1903, of the superior court of Wilcox county, upon an indictment found at that term, charging him with the offense of murder. Before entering his plea of not guilty, he demurred to the indictment, and also filed a plea in abatement. The demurrer was overruled, and the plea in abatement was stricken upon motion of counsel for the State. The defendant excepted, pendente lite, to each of these rulings. The case proceeded to trial before a jury, and a verdict was rendered finding the accused guilty. He made a motion for a new trial, which was overruled, and he excepted.
While it would probably be better for county authorities, exercising the power conferred upon them by this statute, to designate the place for holding the court by some formal order or resolution and to give timely notice of the place provided “ by advertisement or in some other public and formal manner,” for the information of all persons interested, or likely to be interested, in the proceedings of the' court to be held there, there is nothing in the statute which requires this to be done. The statute simply declares that it shall be lawful to hold the court “ at such place or places as the proper county authorities . . may from time to time próvida for such purpose.” The primary meaning of the word “provide” is, “to look out for in advance; to procure beforehand; to get, collect, or make ready for future use; to prepare” (Webster’s Diet.); and it is evidently used in this sense in the statute. There was nothing in the plea which negatived the idea that, previously to the assembling of the court at which the indictment was found, the proper county authorities had procured and prepared Beaton’s Hall as the