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Lawskills.com Georgia Caselaw
DUKE v. THE STATE.
39050.
TOWNSEND, Presiding Judge.
Criminal law; right to counsel. Jeff Davis Superior Court. Before Judge Thomas.
1. Where an indictment was returned against the defendant at the September, 1960, term of the Superior Court of Jeff Davis County, and the defendant took no action at that term or the following December term, it was not error, on the call of the case for arraignment and trial at the March, 1961, term for the court to deny a motion for continuance made on the sole ground that counsel had only been employed the day before and wished additional time to prepare special demurrers to the indictment. The defendant must be afforded benefit of counsel, and this includes time sufficient for counsel to prepare for trial, but where the defendant was apprised of the charge against him at a previous term of court and himself fails or neglects to procure counsel or ask the court to do so for him there is no error in refusing a request for additional time on the ground that the counsel has himself had insufficient time to prepare the defense. Shivers v. State, 53 Ga. 149; Jones v. State, 115 Ga. 814 (42 SE 271). It is the defendant's duty to employ an attorney to aid in the preparation of his defense sufficiently in advance of the trial of the case. Hale v. State, 22 Ga. App. 112 (95 SE 936).
3. The general grounds of the motion for a new trial and the remaining special ground are without merit.
The trial court erred in overruling the motion for a new trial.
Jack W. Ballenger, Solicitor-General, contra.
J. Laddie Boatright, for plaintiff in error.
DECIDED SEPTEMBER 28, 1961.
Friday May 22 23:26 EDT


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