7 Ga. App. 20 | Ga. Ct. App. | 1909
The only ground of error requiring discussion is that the court announced from the bench, in the presence of jurors who were to try the case, that when he stated he.would continue the case, he did not know that the defendant, Ann White, was “Ann Kyles;” that she had deceived the court and even her own counsel, making each believe her statement that she was pregnant, and, therefore, could not be in court; he had been informed since he announced the continuance of the case that she was not pregnant as she claimed, but was simply deceiving the court for the purpose of continuing the case. Explanatory of this ground, it appears that, when the case was called, Mr. Irwin, of counsel for the defendant, stated to the court that his client was absent and could-not be at the court to try the ease, because she was pregnant, — “was on the eve of giving birth to a child.” Counsel was asked as to his personal knowledge as to the matter, and he said that he had not seen the defendant recently, but, from her looks, he believed this to be true. The court announced that the case would be continued. Later the sheriff and others told the court that the defendant was not about to give birth to a child, but that she was on the