Legal Opinion

McConnell v. Cherokee National Bank

Court of Appeals of Georgia

Decided May 1, 1916No. 7045PublishedCited by 7 opinions

Affidavit of illegality; from city court of Moyd county — Judge Nunnally. November 2, 1915. '

1Opinion of the Court

Russell, O. J.

1. Since an agreement not to prosecute for crime, or to suppress a criminal prosecution, is forbidden by law, irrespective of the motive of the parties (Frick v. Moore, 82 Ga. 159-160 (8 S. E. 80)), a note given for no other purpose than to suppress a criminal prosecution is Void for the want of consideration, whether the accused person be innocent or guilty. Lucas v. Castelow, 8 Ga. App. 812 (70 S. E. 184). See also Cromer v. Evett, 11 Ga. App. 654 (75 S. E. 1056).

2. The question as to whether a particular note was given merely to settle a criminal prosecution, or upon another…

2Cases cited3 opinions

  1. Frick & Co. v. MooreSupreme Court of Georgia · 1888
  2. Lucas v. CastelowCourt of Appeals of Georgia · 1911
  3. Cromer v. EvettCourt of Appeals of Georgia · 1912

3Cited by7 opinions

  1. Iteld v. KarpCourt of Appeals of Georgia · 1952
  2. Sheehan v. City Council of AugustaCourt of Appeals of Georgia · 1944
  3. Epps v. AndersonCourt of Appeals of Georgia · 1922
  4. Hazen v. Rich's, Inc.Court of Appeals of Georgia · 1976
  5. Singer Sewing Machine Co. v. EscoeSupreme Court of Oklahoma · 1937

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API