27 Ga. App. 253 | Ga. Ct. App. | 1921
Lead Opinion
Judgment affirmed.
Dissenting Opinion
dissenting. The record in this ease shows that the defendant was indicted on the 18th day of January, 1921, and that his case was called for trial on the 20th day of January, 1921. The defendant moved for a continuance upon the ground that he was physically unable to prepare his case and to go to trial upon the indictment. It will be noted that this motion for a continuance was made just two days after the indictment was returned into court. The uncontradicted evidence introduced upon the motion for continuance is that the defendant was' suffering from a stroke of paralysis of about three weeks duration, and was literally hauled into court for trial. The attending physician tes