Culpepper v. State

“A plea of former jeopardy can not be predicated on the fact that the defendant has previously been put on trial under a void accusation. Such an accusation being an absolute nullity, the defendant couid not waive the defect therein and consent that the trial proceed.” Renfroe v. State, 10 Ga. App. 38(1).

Ed C. Culpepper was tried for a criminal offense (operating an automobile upon a public highway at a rate of speed greater than forty miles per hour), on an accusation based upon an affidavit of Albert Magruder. The accusation was backed “State v. Ed C. Culpepper,” but in the body of the…