O'Halloran v. State
Supreme Court of Georgia
Indictment for a Misdemeanor, in Meriwether Superior Court. Tried before Judge Bum,, at the February Term, i860. At the August Term, 1859, of the Superior Court of Meriwether county, a bill.of indictment was found against William O’Halloran, in which the grand jury, “In the name and behalf of the citizens of Georgia, charge and accuse William O’Halloran, of the county and State aforesaid, with the offence of a misdemeanor: For that the said William O’Halloran, in said…
Read the full summary
Indictment for a Misdemeanor, in Meriwether Superior Court. Tried before Judge Bum,, at the February Term, i860. At the August Term, 1859, of the Superior Court of Meriwether county, a bill.of indictment was found against William O’Halloran, in which the grand jury, “In the name and behalf of the citizens of Georgia, charge and accuse William O’Halloran, of the county and State aforesaid, with the offence of a misdemeanor: For that the said William O’Halloran, in said county, on the twenty-sixth day of July, in the year one thousand eight hundred and fifty-nine, being then and there a…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
Counsel for the defendant moved to quash the indictment, because it did not call the offence a misdemeanor. Singularly enough, this objection is unfounded in point of fact, if the copy of the indictment in the transcript of the record be correct, as we doubt not it is. -
But, whether this be so or not, this Court — in Camp vs. the State (3 Kelly R. 417)—held, that such omission was an immaterial defect; that it is the description that characterizes the offence, and not the name given to it in the bill. Counsel overlooked this decision, no doubt,…
2Cited by8 opinions
- Disharoon v. StateSupreme Court of Georgia · 1895
- Merrill v. StateArizona Supreme Court · 1933
- Brusnighan v. StateCourt of Appeals of Georgia · 1952
- Lummus v. StateCourt of Appeals of Georgia · 1915
- Sneed v. StateCourt of Appeals of Georgia · 1915
3 more not listed; retrieve them via the Exa API.