112 Ga. 27 | Ga. | 1900
The plaintiff in error was charged with selling intoxicating liquor without a license; and a verdict of guilty was rendered by the jury trying the case. But a single question is made in the record. On the call of the case the accused moved for a continuance, on the ground that a material witness was absent. Among other necessary things she showed that the witness had been “ subpoenaed,” but, in reference to the issuance of the subpoma, her counsel testified that he prepared the subpoena and gave it to the bailiff under the following circumstances: He went to the office of the clerk of the court in which the case was pending, with a list of the witnesses for plaintiff in error. He handed the clerk the list. That officer was in private conversation with another at the time, and returned the list to the attorney, at the same time handing him a number of blank subpoenas, and requested the attorney to prepare them. The attorney went to his office, made out the subpoenas, and carried them back to the clerk to have him enter them on the docket. The clerk was still in private conversation, and requested the attorney to give him a list of those for whom he had prepared subpoenas; saying that he would put them on the docket from the list. The attorney prepared the subpoenas and signed the name of the clerk thereto, and did so because he was requested by the clerk to prepare them. The subpoena was not countersigned' by the solicitor.
Aside from the question whether it was necessary that the sub
The judgment is therefore affirmed.