Ivey v. State
Supreme Court of Georgia
Indictment for fornication, from Warren Superior Court Tried before Judge Thomas, at October Term, 1857. Adam Ivey was put upon his trial for the offence of fornication. The State offered in evidence the minutes of the Inferior Court, of October Term 1856, containing the presentment by the Grand Jury, of that term, of the defendant for said of-fence. Counsel for the defendant objected to its introduction, on the ground that said record purported to be an indictment.
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Indictment for fornication, from Warren Superior Court Tried before Judge Thomas, at October Term, 1857. Adam Ivey was put upon his trial for the offence of fornication. The State offered in evidence the minutes of the Inferior Court, of October Term 1856, containing the presentment by the Grand Jury, of that term, of the defendant for said of-fence. Counsel for the defendant objected to its introduction, on the ground that said record purported to be an indictment. The Court overruled the objection and admitted the evidence holding that although called an indictment, it was in fact a…
1Opinion of the Court
By the Court. —
McDonald, J.
delivering the opinion.
[1.] The Court below committed no error in admitting as evidence to the jury, the record of the presentment of the grand jury, on which the Solicitor General made out the bill of indictment. The mere entry on the record of the word “indictment,” did not change it from what we usually understand a presentment to be. It did not have the name of a prosecutor, and it was stated in the margin to be the “special presentment of the grand jury.” Indeed, we have already held, that when a presentment contains fully and formally all the charges necessary…
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