Hadden v. State

Bell, Chief Justice.

(After stating the foregoing facts.) It is contended that the evidence demanded a finding in favor of the special plea alleging former acquittal, because it showed that both indictments were based upon the same transaction, in which, as the State insisted, the defendant killed Iris wife. All assignments of error except those relating to the finding of the judge against the special plea were expressly abandoned in the brief filed for the plaintiff in error, and so the only question for determination is whether such finding was authorized.

In Gully v. State, 116 Ga. 527 (42…