Stocks v. State
Supreme Court of Georgia
Before Judge Bichard IT. Clark. Fulton superior •court. March term, 1893. The plaintiff in error was indicted and tried for murder, and was convicted of voluntary manslaughter on -June 10. He excepted to the sustaining of a demurrer to his plea of former jeopardy.
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Before Judge Bichard IT. Clark. Fulton superior •court. March term, 1893. The plaintiff in error was indicted and tried for murder, and was convicted of voluntary manslaughter on -June 10. He excepted to the sustaining of a demurrer to his plea of former jeopardy. From this plea appear the following facts: A trial of the case was begun on May 31; and during the examination of the fifth witness for the State, the judge, on being informed that the mother of one of the jurors had just died, directed -the jury to retire; and, apprehending the possibility of .•a mistake as to who the deceased lady…
1Opinion of the Court
Simmons, Justice.
It was a principle of -the common law, announced by Blackstone to be “ a universal maxim,” that “ no man is to be brought into jeopardy of his life more than once for the same offence.” 4 Black. Comm. 335. This .principle was embodied in the constitution of the United .States by the fifth amendment, and similar provisions exist in nearly if not all the States of the Union. In view of this principle it became important in the early •days of English jurisprudence to know when an accused person had in a legal sense been put in jeopardy. Some of the courts in England held that…
2Cases cited6 opinions
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- State v. DavisWest Virginia Supreme Court · 1888
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