Legal Opinion

Veasy v. State

Court of Appeals of Georgia

Decided October 12, 1908No. 1299PublishedCited by 4 opinions

Accusation of carrying concealed weapon, from city court of Sparta — Judge Little. June 26, 1908.

1Opinion of the CourtPowell, J.

1. A demurrer to a plea of former jeopardy, filed in a prosecution for carrying a concealed pistol, is properly sustained when the plea sets up the former conviction of the defendant 'for carrying the pistol to a church, though it is alleged that both transactions were one and the same. As a matter of law, the two transactions were not the' same. In legal contemplation, a person who carries a concealed pistol to a church commits two offenses, and neither is inclusive of the other. Blair v. State, 81 Ga. 629 (7 S. E. 855) ; McIntosh v. State, 116 Ga. 543 (42 S. E. 793).

2. The evidence is…

2Cases cited2 opinions

  1. Blair v. StateSupreme Court of Georgia · 1888
  2. McIntosh v. StateSupreme Court of Georgia · 1902

3Cited by4 opinions

  1. Harris v. StateSupreme Court of Georgia · 1941
  2. Athens v. City of AtlantaCourt of Appeals of Georgia · 1909
  3. Harris v. StateSupreme Court of Georgia · 1941
  4. People v. GrimaldiAppellate Division of the Supreme Court of the State of New York · 1914

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