Brown v. State
Supreme Court of Georgia
Judgment. Practice. Criminal law. Trial. Indictment. Before Judge Lumpkin. Hancock superior court. October term, 1889. On October 19, 1889, during the October term of Hancock superior court, Brown made his motion to be discharged and acquitted of the often ce of embezzlement, for which he had been indicted.
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Judgment. Practice. Criminal law. Trial. Indictment. Before Judge Lumpkin. Hancock superior court. October term, 1889. On October 19, 1889, during the October term of Hancock superior court, Brown made his motion to be discharged and acquitted of the often ce of embezzlement, for which he had been indicted. This motion set forth the following: lie was indicted for embezzlement at the October term, 1888, and at that term made a written demand for trial, which, while there'were juries empanelled and qualified to try him, was duly put upon the minutes. At the April term, 1889, the court, over Ms…
1Opinion of the Court
Bleckley, Chief Justice.
1. That the accused is not entitled to a discharge upon his motion therefor made at the time when the mistrial was declared, or for any cause embraced in that motion, stands adjudged and detei’mined by the judgment of the superior court rendered at that term denying the motion. This judgment has never been reversed, and whether erroneous or not, is conclusive upon the question decided. Consequently, there is no occasion now to construe and reconcile the cases of Geiger v. The State, 25 Ga. 667, and Little v. The State, 54 Ga. 24. We, however, do not see why, as a…
2Cases cited6 opinions
- Jackson v. StateSupreme Court of Georgia · 1886
- Holt v. StateSupreme Court of Georgia · 1868
- Durham v. StateSupreme Court of Georgia · 1851
- Geiger v. StateSupreme Court of Georgia · 1858
- Silvey v. StateSupreme Court of Georgia · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Gully v. StateSupreme Court of Georgia · 1902
- Nix v. StateCourt of Appeals of Georgia · 1909
- Henry v. JamesSupreme Court of Georgia · 1994
- Rider v. StateCourt of Appeals of Georgia · 1961
- Hunley v. StateSupreme Court of Georgia · 1898
18 more not listed; retrieve them via the Exa API.