Brown v. State , 134 Ga. App. 771 ( 1975 )

134 Ga. App. 771 (1975) 216 S.E.2d 356

BROWN
v.
THE STATE.

50641.

Court of Appeals of Georgia.

Argued April 30, 1975. Decided May 9, 1975.

Robert J. Erb, for appellant.

Andrew J. Ryan, Jr., District Attorney, for appellee.

EVANS, Judge.

The D. A. was ready His case was red-hot. Defendant was present, His witness was not.^[1] He prayed one day's delay From His honor the judge. But his plea was not granted The Court would not budge.^[2]So the jury was empaneled All twelve good and true But without his main witness What could the twelve do?^[3]The jury went out To consider his case And then they returned The defendant to face. "What verdict, Mr. Foreman?" The learned judge inquired. "Guilty, your honor." On Brown's face — no smile. "Stand up" said the judge, Then quickly announced "Seven years at hard labor" Thus his sentence pronounced. "This trial was not fair," The defendant then sobbed. "With my main witness absent I've simply been robbed." "I want a new trial — State has not fairly won." "New trial denied," Said Judge Dunbar Harrison. "If you still say I'm wrong," The able judge did then say "Why not appeal to Atlanta? Let those Appeals Judges earn part of their pay." "I will appeal, sir" — Which he proceeded to do — "They can't treat me worse Than I've been treated by you." So the case has reached us — And now we must decide Was the guilty verdict legal — Or should we set it aside? Justice and fairness Must prevail at all times; This is ably discussed In a case without rhyme.^[4]The law of this State Does guard every right Of those charged with crime Fairness always in sight. To continue civil cases The judge holds all aces. But it's a different ball-game In criminal cases.^[5]Was one day's delay Too much to expect? Could the State refuse it With all due respect? Did Justice applaud Or shed bitter tears When this news from Savannah First fell on her ears? We've considered this case Through the night — through the day. As Judge Harrison said, "We must earn our poor pay." This case was once tried — But should now be rehearsed And tried one more time. This case is reversed!

Judgment reversed. Deen, P. J., and Stolz, J., concur.

NOTES

[1] See Wheat v. Fraker, 107 Ga. App. 318 (130 SE2d 251), for precedent in writing an opinion in rhyme.

[2] I profoundly apologize to Judge Sol Clark, of this court, for invading the field of innovation and departure from normalcy in writing opinions; especially in the copious use of footnotes.

[3] This opinion is placed in rhyme because approximately one year ago, in Savannah at a very convivial celebration, the distinguished Judge Dunbar Harrison, Senior Judge of Chatham Superior Courts, arose and addressed those assembled, and demanded that if Judge Randall Evans, Jr. ever again was so presumptious as to reverse one of his decisions, that the opinion be written in poetry. I readily admit I am unable to comply, because I am not a poet, and the language used, at best, is mere doggerel. I have done my best, but my limited ability just did not permit the writing of a great poem. It was no easy task to write the opinion in rhyme.

[4] See Murphy v. State, 132 Ga. App. 654-658 (209 SE2d 101), wherein a well-written and well-reasoned opinion discusses the reasons why a denial of motion to continue in a criminal case was erroneous and subject to reversal.

[5] See Hobbs v. State, 8 Ga. App. 53, 54 (68 SE 515), where it is demonstrated that a motion to continue in a criminal case must not be judged with the same meticulous severity as in civil cases.