McGee v. State
Supreme Court of Georgia
Accusation of cheating and swindling. Before Judge Williamson. City court of Monroe county. August term, 1895. McGee was tried and found guilty of cheating and swindling. See the report of the case made under the former accusation (ante, 199), where .the judgment was reversed because the court below erred in adjudging the defendant guilty.
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Accusation of cheating and swindling. Before Judge Williamson. City court of Monroe county. August term, 1895. McGee was tried and found guilty of cheating and swindling. See the report of the case made under the former accusation (ante, 199), where .the judgment was reversed because the court below erred in adjudging the defendant guilty. After the return of the remitter to the city court, the solicitor-general took an order to enter a nolle prosequi on the accusation, over objection of defendant’s counsel. A new accusation was then preferred, making the same allegations as those in the…
1Opinion of the CourtLumpkin, J.
1. Where, after conviction of a criminal offense, the accused sued out a bill of exceptions and obtained a reversal of the judgment of the trial court, and thereafter, for sufficient legal reasons, the original accusation was “nol prossed” and the accused put on trial upon a new accusation charging the same offense, a plea of autre fois acquit, alleging in substance the facts above recited, was properly overruled.
2. The only error assigned in the bill of exceptions now under review being the overruling of the above mentioned plea, no. cause for reversing the judgment below appears.
Judgment…
2Cited by4 opinions
- Marshall v. StateCourt of Criminal Appeals of Texas · 1914
- Staggers v. StateSupreme Court of Georgia · 1969
- Pride v. StateSupreme Court of Georgia · 1906
- Arnold v. StateCourt of Appeals of Georgia · 1953