50641.

#### BROWN v. THE STATE.

Evans, Judge.

> *The D. A. was ready*

> *His case was red-hot.*

> *Defendant was present,*

> *His witness was not.*
>       *1*

> *772
>       *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.*

> *773
>       *"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.*

*774Argued April 30, 1975

Decided May 9, 1975.

*Robert J. Erb,*for appellant.

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

> *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.*

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

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.

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.*

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.

*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.