Legal Opinion

Bennett v. State

Court of Appeals of Georgia

Decided January 22, 1963No. 39901PublishedCited by 9 opinions

1Opinion of the Court

Nichols, Presiding Judge.

The defendant was indicted, tried and convicted for stealing three hogs. The indictment alleged an alias and the defendant made a motion on the call of the case to strike the alias from the indictment. This motion was overruled and after the adverse verdict the defendant’s amended motion for new trial was overruled. Error is now assigned on the judgments adverse to the defendant. Held:

1. A grand jury may indict an accused under an alias dictus. Jenkins v. State, 4 Ga. App. 859 (3) (62 SE 574); Stinchcomb v. State, 119 Ga. 442 (46 SE 639); Andrews v. State, 196 Ga. 84,…

2Cases cited10 opinions

  1. Andrews v. StateSupreme Court of Georgia · 1943
  2. Atlantic Coast Line Railroad v. GodardSupreme Court of Georgia · 1955
  3. Wilson v. StateSupreme Court of Georgia · 1960
  4. Jenkins v. StateCourt of Appeals of Georgia · 1908
  5. Dean v. LittletonSupreme Court of Georgia · 1926

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Cargill v. StateSupreme Court of Georgia · 1986
  2. Smith v. StateSupreme Court of Georgia · 1979
  3. State v. GrubeSupreme Court of Georgia · 2013
  4. Robinson v. StateCourt of Appeals of Georgia · 1982
  5. Booker v. StateSupreme Court of Georgia · 1979

4 more not listed; retrieve them via the Exa API.

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