Blair v. State
Supreme Court of Georgia
' Criminal law. Pleadings. Autre fois convict. Before Judge Van Epps. City court of Atlanta. March term, 1888. Reported in the decision.
1ConcurrenceBleckley, Chief Justice
I concur in this judgment upon the first ground (failure to set out the record of conviction in the plea), and yield to the force of authority on the other ground. I have very grave doubt, upon principle, whether a single act, although it may have violated two statutes or two sections of the penal code, will constitute two offences. The government may at its election prosecute for either, but it would seem that one punishment ought to be a satisfaction of the law. Here was a single sale. At one end it required a license from the public, and at the other end it required a license from the…
2Cases cited6 opinions
- Roberts v. StateSupreme Court of Georgia · 1853
- Holt v. StateSupreme Court of Georgia · 1868
- Goode v. StateSupreme Court of Georgia · 1883
- Buhler v. StateSupreme Court of Georgia · 1880
- Knight v. StateSupreme Court of Georgia · 1884
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