EVANS, Judge.
The D. A. was ready His case was red-hot. Defendant was present, His witness was not.
He prayed one day's delay From His honor the judge. But his plea was not granted The Court would not budge.
So the jury was empaneled All twelve good and true But without his main witness What could the twelve do?
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.
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.
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.
See Wheat v. Fraker, 107 Ga. App. 318 ( 130 S.E.2d 251), for precedent in writing an opinion in rhyme.
EVANS, Judge.
ARGUED APRIL 30, 1975 — DECIDED MAY 9, 1975.