Alsobrook v. State
Supreme Court of Georgia
Indictment for attempt to obstruct railroad-track. Before Judge Mitchell. Berrien superior court. June 1, 1906. Alsobrook was placed upon trial on a presentment in which it was charged that he did on a named day, “with force and arms, and unlawfully, willfully, and maliciously attempt to obstruct a railroad track of the Georgia Southern and Florida Railway Company near the 131 mile-post on said line of railway; the said Watson .Alsobrook then and there seeking out and…
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Indictment for attempt to obstruct railroad-track. Before Judge Mitchell. Berrien superior court. June 1, 1906. Alsobrook was placed upon trial on a presentment in which it was charged that he did on a named day, “with force and arms, and unlawfully, willfully, and maliciously attempt to obstruct a railroad track of the Georgia Southern and Florida Railway Company near the 131 mile-post on said line of railway; the said Watson .Alsobrook then and there seeking out and procuring a railroad •cross-tie and carrying the same to said railroad track with the indent and purpose then and there in the…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) 1. One ground •of the demurrer was that the presentment contained two distinet offenses in one and the same count, one offense being an attempt to obstruct a railroad track, and the other being an attempt to wreck a railroad train. The Penal Code, § 520, provides that any person who “shall willfully and maliciously destroy or in any manner injure or •obstruct, or shall willfully and maliciously cause, or aid, or assist, or •counsel, or advise any other person to destroy, or in any manner injure or obstruct any'railroad,” shall be imprisoned in the…
2Cases cited1 opinion
- Mattox v. StateSupreme Court of Georgia · 1902
3Cited by17 opinions
- Frank v. StateSupreme Court of Georgia · 1914
- Fairfield v. StateSupreme Court of Georgia · 1923
- McMichen v. StateCourt of Appeals of Georgia · 1940
- Bell v. StateCourt of Appeals of Georgia · 1968
- Ager v. StateCourt of Appeals of Georgia · 1907
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