In
Brown v. State, 134 Ga. App. 771, 216
S.E.2d 356 (1975), the Georgia Court of Appeals issued a rhyming opinion overturning
the defendant’s conviction. According to
the court, the trial court erred in refusing to delay the trial to permit one
of the defendant’s witnesses to testify.
The opinion reads, in part:
To
continue civil cases
The
judge holds all acesBut it’s a different ball-game
In criminal cases.
Was one day’s delay
Too much to expect?
Could the State refuse it
With all due respect?...
This case was once tried
But should now be rehearsed
And tried one more time.
This case is reversed.
Id. at 773, 216
S.E.2d at 357.
What
do you think? Is this opinion
appropriate, or does it cross the line? Does it make a difference that the court
overturned, rather than affirmed, the defendant’s conviction?
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