27 Ga. 287 | Ga. | 1859
By the Court.
delivering the opinion.
The defendant being convicted of murder moved for anew trial on twenty-seven grounds. Iiis application being refused he prosecutes his writ of error to this Court, to reverse the judgment.
This Court has never in any case held, that public excite- , ment alone, was sufficient of itself to entitle the accused to a postponement of his cause. There might possibly be a case which would authorize and require if. The presiding Judge thought that this was not such a case, and we are not disposed to control his discretion.
We see no error in this assignment. For notwithstanding the practice of separating witnesses, may be very old, certainly as ancient as the trial of Susanna by Daniel, (,Apocrypha, History of Susanna,, 52 verse?) and very good, as it proved itself to be on that occasion ; confounding her guilty accusers and vindicating her innocence. Still, it is bat a rule of (he Court, and must in its enforcement be left very much to judicial discretion. We see no abuse of that discretion in this case. The part that the witnesses, W. G. Cross and Lindsey bore in this examination, will fully sustain our opinion.
Learned counsel eloquently argue, that the by-standers máyhave been mistaken, but the pistol was its own best interpreter, and yet we know that it will not do to hold that every man aims at what he hits, or always hits what he aimed at.
There is nothing in this exception. The Court must dis charge all its duties. Besides, what American Judge would hold the office, if he were not allowed to talk ? To have his say ? And some indulgence especially is to be granted to the habit of a Circuit rather praiseworthily noted for lecturing jurors, in order to stimulate them to a proper execution of the criminal law.
Judgment reversed.