Jacobs v. State
Supreme Court of Georgia
Motion, in Gwinnett Superior Court. Decision by Judge Jacicson, September Term, 1856. An indictment was found against several persons for a riot, in the performance of an unlawful act. On the trial, it appeared that the act was not unlawful, although the riot was proved. The Court below directed the Jury to find a verdict of not guilty under this indictment. The Jury found this verdict “ and a malicious prosecution.”
Read the full summary
Motion, in Gwinnett Superior Court. Decision by Judge Jacicson, September Term, 1856. An indictment was found against several persons for a riot, in the performance of an unlawful act. On the trial, it appeared that the act was not unlawful, although the riot was proved. The Court below directed the Jury to find a verdict of not guilty under this indictment. The Jury found this verdict “ and a malicious prosecution.” On the question of entering judgment against the prosecutor, Thomas Jacobs, for the costs, the Court below held that he had no discretion^, and could not stop the judgment. This…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Section III. cf the 14th division of the Penal Code-(New Digest, 888,) declares, that “ upon every indictment the prosecutor’s name shall be indorsed, who, upon the acquittal or discharge of the person so accused, shall be compelled to pay all costs which have accrued, if the Grand Jury, by their foreman, upon returning “no bill,” express it as their opinion that the prosecution was unfounded or malicious; or if the Petit Jury, upon returning of “not guilty,” shall express a similar opinion.
The Petit Jury, in this case, having returned a…
2Cited by6 opinions
- Green v. StateSupreme Court of Georgia · 1900
- Franklin v. StateSupreme Court of Georgia · 1890
- Dixon v. StateSupreme Court of Georgia · 1898
- Rickley v. StateNebraska Supreme Court · 1902
- Green v. StateSupreme Court of Georgia · 1900
1 more not listed; retrieve them via the Exa API.