Johnson v. State
Supreme Court of Georgia
Indictment for assault with intent to murder, &c. Tried before Judge Holt, in Richmond Superior Court, at November Term, 1858. There were two counts in this indictment; one for an assault with intent to murder, the other for shooting at another. Prisoner’s counsel, at the opening of the case, objected to the joinder of these two counts in the same indictment, and moved that the State be required to elect upon which count it would proceed.
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Indictment for assault with intent to murder, &c. Tried before Judge Holt, in Richmond Superior Court, at November Term, 1858. There were two counts in this indictment; one for an assault with intent to murder, the other for shooting at another. Prisoner’s counsel, at the opening of the case, objected to the joinder of these two counts in the same indictment, and moved that the State be required to elect upon which count it would proceed. The Court overruled the motion, and prisoner excepted. After the testimony was closed, and argument by counsel, prisoner’s counsel requested the Court to…
1Opinion of the Court
*613 By the Court.
McDonald, J.
delivering the opinion.
[1.] The first ruling of the Court below to which exception is taken, is the refusal of the presiding Judge to compel the Attorney General to elect on which of the two counts in the indictment he would put the defendant on his trial. If the two offences charged against the prisoner may be joined in the same indictment, the appeal was to the discretion of the Court — the exercise of which, public justice seldom calls for, and this Court will not control. If the two counts were improperly joined, the indictment might have been demurred to, and…
2Cited by8 opinions
- Jackson v. StateSupreme Court of Georgia · 1886
- Sutton v. StateSupreme Court of Georgia · 1906
- Kunkle v. StateIndiana Supreme Court · 1869
- Bates v. United StatesUnited States Circuit Court · 1881
- McGraw v. StateCourt of Appeals of Georgia · 1952
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