Legal Opinion

Tarver v. State

Supreme Court of Georgia

Decided July 17, 1905PublishedCited by 13 opinions

Indictment for wife-beating. Before Judge Littlejohn. Webster superior court. April 6, 1905. The plaintiff in error, Dick Tarver, was indicted for the offense ■of beating his wife. The indictment did not allege the place •of his residence, and it was specially demurred to on this .ground. The demurrer was overruled, the case proceeded to trial, and a verdict of guilty was returned by the jury.

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Indictment for wife-beating. Before Judge Littlejohn. Webster superior court. April 6, 1905. The plaintiff in error, Dick Tarver, was indicted for the offense ■of beating his wife. The indictment did not allege the place •of his residence, and it was specially demurred to on this .ground. The demurrer was overruled, the case proceeded to trial, and a verdict of guilty was returned by the jury. The accused excepts to the overruling of his demurrer, and also complains in his bill of exceptions that he was not furnished an opportunity to plead and was not arraigned, nor did he waive…

1Opinion of the CourtEvans, J.

1. Under the early common law, no addition to the name of the person was required in indictments against per*495sons under the degree of a knight. By the statute of additions {1 Hen. Y, c. 5), in all eases in which the exigent was awarded, defendants were described in the indictment by adding to their names “their estate or degree or mystery, and of the towns, or hamlets, or places and counties of which they were or be, or in which they be or were conversant.” This statute was applicable only in those cases in which the exigent was awarded. “•'The exigent was the first process in outlawry, to be…

2Cases cited6 opinions

  1. Studstill v. StateSupreme Court of Georgia · 1849
  2. Loyd v. StateSupreme Court of Georgia · 1872
  3. Persons v. HightSupreme Court of Georgia · 1848
  4. Stevens v. StateSupreme Court of Georgia · 1886
  5. Williams v. StateSupreme Court of Georgia · 1904

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

3Cited by13 opinions

  1. Lanier v. StateCourt of Appeals of Georgia · 1909
  2. Wade v. StateCourt of Appeals of Georgia · 1912
  3. Bowden v. BowdenSupreme Court of Georgia · 1906
  4. Braxley v. StateSupreme Court of Georgia · 1915
  5. Bill v. StateCourt of Appeals of Georgia · 1980

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

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