15 Ga. 286 | Ga. | 1854
By the Court.
delivering the opinion.
In this case, the defendant moved to place a demand for trial on the minutes of the Court. The motion was entertained by the Court, but its decision was temporarily postponed. After-wards, the motion was called up, “ but defendant being then out of Court, the same was passed by for the time
This still left the motion a motion ponding for disposition— a motion not disposed of for the term. ■
Afterwards, the movant insisted upon the motion. This he did not do, however, until the Juries had been discharged. The Court over-ruled the motion, on the ground, that before the “ Jurors were dismissed,”‘it had “called on the counsel land parties in Court, more than once, to know if there were any other Jury trials, and if there were none others, the Juries would be dismissed’’. ' ...
■Now, these'calls of the 'Court; were'1 not the. same thing as would have been a call of the motion. ■ The cáse had been continued by the State ; hbw, therefore,' could the defendant, though himself ready for trial, say there was á case for trial ? Fbr aught that appears, it would- have been his duty to say, in response to these calls, if he had said anything,, that, as far as
We think the Court should have permitted the demand to be entered on the minlutes. The Statute is very—very broad.
The demand ought to be considered as having been entered of the term at which it was made.