Westfall v. State
Court of Appeals of Georgia
Indictment for running freight-train on Sunday, from Douglas superior court- — Judge Edwards. June 15, 1908. Westfall was fried and convicted in the superior court of Douglas county, for a violation of section 420 of the Penal Code, relating to the running of freight-trains on the Sabbath day through anj'- county in this State.
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Indictment for running freight-train on Sunday, from Douglas superior court- — Judge Edwards. June 15, 1908. Westfall was fried and convicted in the superior court of Douglas county, for a violation of section 420 of the Penal Code, relating to the running of freight-trains on the Sabbath day through anj'- county in this State. The charging part of the indictment is in the following language: "he, the said A. H. Westfall, being then and there superintendent of transportation of the Southern Eailway Company, and, as such officer, having charge of the business of the transportation department…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. It is entirety proper and in conformity with good pleading to charge in one count that the defendant violated the penal statute in running six freight-trains through the county on the same Sunday. While, .strictly speaking, the running of each train may have been a violation of the law, yet we think the running on the same day of six trains might well have been treated as but. one offense. Certainty this did not embarrass the defendant in making his defense or deprive him of any right. In fact this-method of pleading could not be otherwise than…
2Cases cited6 opinions
- Jackson v. StateSupreme Court of Georgia · 1886
- Wingard v. StateSupreme Court of Georgia · 1853
- Walker v. StateSupreme Court of Georgia · 1903
- Young v. StateCourt of Appeals of Georgia · 1908
- Brand v. StateCourt of Appeals of Georgia · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- York v. StateCourt of Appeals of Georgia · 1931
- Robinson v. StateCourt of Appeals of Georgia · 1977
- Tate v. StateCourt of Appeals of Georgia · 1977
- Robinson v. StateCourt of Appeals of Georgia · 1977
- Strand Amusement Company v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931